IN THE INTEREST OF R. A. P., A CHILD

Citator

Cited By (12 total)

• Goyings v. The Jack & Ruth Eckerd Found., 403 So. 2d 1144 (Fla. 2d DCA 1981)
  …that there were genuine issues of material fact. Accordingly, we reverse. At the outset we observe that an attempt by a defendant to exonerate himself from liability for an intentional tort is against public policy. Zuckerman-Vernor Corp. v. Rosen, 361 So. 2d 804 (Fla. 4th DCA 1978); Fuentes v. Owen, 310 So. 2d 458 (Fla. 3d DCA 1975). Nevertheless, an exculpatory clause, while not favored, may operate to absolve a defendant from liability arising out of his own negligent acts. For such a clause to be effecti…
• Mankap Enters., Inc. v. Wells Fargo Alarm Servs., 427 So. 2d 332 (Fla. 3d DCA 1983)
  …bility for his own fraud in order to exempt him from liability for an intentional tort, and any such exculpatory clauses are void as against public policy. Oceanic Villas v. Godson, 148 Fla. 454, 4 So. 2d 689 (1941); Zuckerman-Vernon Corp. v. Rosen, 361 So. 2d 804 (Fla. 4th DCA 1978); Fuentes v. Owen, 310 So. 2d 458 (Fla. 3d DCA 1975). Because there are material issues of fact on the issue of misrepresentation, summary judgment was inappropriate. Affirmed in part, reversed in part, and remanded for further…
• Suntogs OF Miami, Inc. v. Burroughs Corp., 433 So. 2d 581 (Fla. 3d DCA 1983)
  …clause cannot relieve Burroughs from liability for fraudulent misrepresentations concerning the Silton Package and its operability with the B700. See Oceanic Villas, Inc. v. Godson, 148 Fla. 454, 4 So. 2d 689 (1941); Zuckerman-Vernon Corp. v. Rosen, 361 So. 2d 804 (Fla. 4th DCA 1978). Consequently, summary judgment on the fraud counts was improvidently granted. In view of the above, the final summary judgment in favor of Burroughs, Ross, and Madden, as well as the attendant non-final order taxing costs must…