De Novo Review Of Contract Interpretation

81 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Winton Kemmis v. McGOLDRICK
  706 F.2d 993· 9th Cir.· 1983-05-24 ·cited 52×
  The court held that oral understandings cannot override the written terms of a collective bargaining agreement concerning employee benefit contributions, and that contributions are required for all hours worked, not just those necessary for benefit eligibility.
• City OF Austin v. Decker Coal Co.
  701 F.2d 420· 5th Cir.· 1983-03-28 ·cited 40×
  The court held that the Montana Department of State Lands' determination that a portion of the mining area contained 'Section 9' characteristics, which necessitated a change in mining methods and increased costs, constituted a 'new regulation' under the contract's pass-through pr
• Stewart Agency, Inc. v. Robinson
  855 So. 2d 726· Fla. 4th DCA· 2003-10-15 ·cited 34×
  Stewart Agency appealed the trial court's denial of its motion to compel arbitration of a consumer dispute. The court held that an arbitration clause in a vehicle sales contract was not substantively unconscionable, and reversed the lower court's decision, holding that both proce
• Johnson v. Johnson
  725 So. 2d 1209· Fla. 3d DCA· 1999-01-13 ·cited 27×
  A husband appeals from a final divorce judgment in which the trial court found his prenuptial agreement invalid as to marital assets acquired during the marriage, thereby subjecting eleven rental properties to equitable distribution. The appellate court upheld the judgment, holdi
• Ins. Co. OF N. Am. v. Howard
  679 F.2d 147· 9th Cir.· 1982-06-07 ·cited 24×
  The court held that the 'owned and occupied' clause in a homeowner's policy is a representation of the property's status at the time of issuance, not a condition requiring continuous occupancy, and that renting the home occasionally does not constitute a 'business' use excluded f
• Health Options, Inc. v. Palmetto Pathology Servs., P.A.
  983 So. 2d 608· Fla. 3d DCA· 2008-04-16 ·cited 19×
  Health Options, Inc. (HOI), a health maintenance organization, appeals a directed verdict finding it liable to Palmetto Pathology Services (PPS), a group of pathologists, for unpaid professional pathology services rendered to HOI members. The Florida appellate court affirmed, hol
• Richard Derouin & KIM Derouin v. Universal Am. Mortg. Co., LLC
  254 So. 3d 595· Fla. 2d DCA· 2018-08-22 ·cited 16×
  Compliance with the federal face-to-face meeting requirement of 24 C.F.R. § 203.604 is a condition precedent to filing a foreclosure action on an FHA-insured loan. When a mortgagor specifically denies that the mortgagee complied with this requirement, the burden shifts to the mor
• Sw. Stationery & Bank Supply, Inc. v. Harris Corp.
  624 F.2d 168· 10th Cir.· 1980-06-27 ·cited 16×
  The court held that the purchase order unambiguously required written acceptance by the seller, and that the trial court did not abuse its discretion in refusing to amend the pleadings to include claims not properly raised.
• Betty and Stanley Ross v. W. Fid. Ins. Co.
  872 F.2d 665· 5th Cir.· 1989-05-11 ·cited 14×
  The court held that the infant's heart defect was not a pre-existing condition excluded by the policy, and the insurer could not deny coverage based on the 'sickness' clause or misrepresentation. The fraud claim based on the agent's representations was allowed to proceed.
• Quillen v. Quillen
  247 So. 3d 40· Fla. 1st DCA· 2018-05-03 ·cited 13×
  A consent final judgment of dissolution of marriage that provides for offsetting child support and alimony obligations contains a latent ambiguity regarding the continuation of alimony after the child support obligation terminates, where the judgment fails to specify what happens
• Mohammad Sidiq and Josefina Sidiq v. Tower Hill Select Ins. Co.
  276 So. 3d 822· Fla. 4th DCA· 2019-07-31 ·cited 12×
  An assignment of insurance benefits that uses broad language ("any and all insurance rights, benefits, proceeds and any causes of action") is limited in scope to the specific services performed when the entire contract is read together and contains language indicating the assignm
• Greenberg v. Bekins of South Florida
  337 So. 3d 372· Fla. 4th DCA· 2022-04-20 ·cited 11×
  This case involves a property owner who sued a moving company for lost and damaged property. The appellate court affirmed the trial court's decision, upholding the contract's limitation of liability clause which capped damages at $0.60 per pound per article, despite the owner's c
• Hanson v. The Prudential Ins. Co. OF Am.
  772 F.2d 580· 9th Cir.· 1985-09-27 ·cited 11×
  The court held that the term 'nursing service' in the insurance policy was ambiguous and should be construed in favor of the insured, meaning the facility qualified as a hospital. However, the court also held that the insurer did not act in bad faith.
• Famiglio v. Famiglio
  279 So. 3d 736· Fla. 2d DCA· 2019-05-10 ·cited 10×
  The indefinite article "a" in the prenuptial agreement's provision measuring alimony by "the time a Petition for Dissolution of Marriage is filed" ordinarily refers to the first petition filed, not the petition that ultimately results in dissolution of marriage. When a contractua
• Chapman & Cole & CCP, Ltd. v. Itel Container Int'l B.V. & Itel Containers Int'l Corp. (Itel)
  865 F.2d 676· 5th Cir.· 1989-02-17 ·cited 10×
  The court affirmed the district court's judgment, holding that the lease agreement was not a 'turn-key' contract and that the tenant breached the contract by failing to pay rent and maintain the premises. The court also affirmed the sanctions imposed on the tenant and its attorne
• Patterson & Maloney v. Gumberg
  828 So. 2d 403· Fla. 4th DCA· 2002-09-18 ·cited 9×
  The settlement agreement did not extinguish the client's entitlement to attorney's fees; it merely limited the firm's recovery to the amount awarded by the court.
• Atl. Candy Co. v. Yowie N. Am., Inc.
  400 So. 3d 850· Fla. 5th DCA· 2025-01-10 ·cited 6×
  The License Agreement's non-exclusivity provision is permissive, not mandatory, and does not require Yowie to pay minimum fees or continue using the Whetstone patents. The plain language of Section 5 grants Yowie the right to maintain non-exclusive use of the patents only if it p
• Nicon Constr. v. Homeowners Choice Prop. & Cas. Ins.
  249 So. 3d 681· Fla. 2d DCA· 2018-05-11 ·cited 6×
  An assignment of insurance benefits stating "any and all insurance rights, benefits, and causes of action" must be interpreted in context as assigning only the rights to payment for services performed by the assignee, not all rights under the entire policy.
• MacLeod v. MacLeod
  82 So. 3d 147· Fla. 4th DCA· 2012-02-22 ·cited 6×
  The court held that the Nova Scotia cottage remained a non-marital asset because it was not converted into a different tangible asset as required by the post-marital agreement, despite marital funds being used for its maintenance and improvements.
• Eve Huson Schneberger v. Schneberger
  979 So. 2d 981· Fla. 4th DCA· 2008-02-13 ·cited 6×
  The court held that the wife received a life estate in the home and was responsible for ordinary homeowner expenses, including taxes, insurance, and general repairs, as per the prenuptial agreement.
• The Duffner Fam. 2012 Irrevocable Tr. v. The Lee R. Duffner Revocable Living Tr.
  394 So. 3d 236· Fla. 3d DCA· 2024-07-31 ·cited 5×
  A landlord under a residential lease cannot recover accrued rent by standing by and suing without first obtaining a writ of possession through eviction proceedings, as required by section 83.595, Florida Statutes, which displaces the common law remedy and sets out the exclusive u
• Hadassa Helinski v. Helinski
  305 So. 3d 703· Fla. 3d DCA· 2020-05-13 ·cited 5×
  The appellate court affirmed the denial of attorney's fees for the former wife, finding she had the ability to pay and lacked need. However, it reversed the denial of costs, holding that a voluntary dismissal by the former husband mandated an award of taxable costs to the former
• SPP Real Est. (Grand BAY), Inc. v. Joseph J. Portuondo, P.A.
  756 So. 2d 182· Fla. 3d DCA· 2000-04-05 ·cited 5×
• KRG Oldsmar Project Co., LLC v. CWI, Inc.
  358 So. 3d 464· Fla. 2d DCA· 2023-03-22 ·cited 4×
  This case involves the interpretation of a commercial lease. The appellate court disagreed with the trial court's interpretation, finding that the tenant's early closure of its store constituted a default under the lease, contrary to the trial court's ruling.
• Pardes v. Andria Pardes
  335 So. 3d 1241· Fla. 3d DCA· 2021-10-27 ·cited 4×
  Factual findings made by a voluntary trial resolution judge are not subject to appellate review under Florida Statute section 44.104(11), and appellate courts are bound by such findings. The 2006 postnuptial agreement modified the 2002 House Agreement's requirement that the forme
• Godwin v. Godwin
  273 So. 3d 16· Fla. 4th DCA· 2019-05-15 ·cited 4×
  Chad Godwin appeals a trial court order adjudicating him in contempt of a marital settlement agreement regarding shared parental responsibility for minor children. The Former Husband contests both the contempt finding and the denial of attorney's fees, arguing the judgment lacked
• The HOH Co. v. The Travelers Indem. Co.
  903 F.2d 8· D.C. Cir.· 1990-05-15 ·cited 4×
  The court held that the subcontractor was not entitled to a fourteen percent markup on the recovery from the city, but affirmed the guarantor's liability for legal fees, remanding for recalculation.
• Tex. Commerce Bank Nat'l Ass'n v. Nat'l Royalty Corp.
  799 F.2d 1081· 5th Cir.· 1986-09-17 ·cited 4×
  The court held that the April 1983 agreement was not a 'sale, transfer or other disposition' as contemplated by the October 1981 assignment, and therefore did not entitle TCB to the $1,000,000 from NRC.
• CNJ Realty Assocs., LLC v. Yankiv
  399 So. 3d 1240· Fla. 2d DCA· 2025-01-03 ·cited 3×
  A genuine dispute of material fact exists regarding the contract's effective date where the contract language specifies effectiveness upon the last party's signature or initials and delivery, one party initialed on March 14 but did not sign until April 25, and the other party's c
• Triton Stone Holdings, LLC v. Magna Bus., LLC
  308 So. 3d 1002· Fla. 4th DCA· 2020-11-18 ·cited 3×
  A handwritten agreement to purchase membership interests in an LLC is not an enforceable contract when it fails to address essential terms prescribed by the LLC's operating agreement for valid transfer, including closing procedures and mandatory amendment of the operating agreeme
• Nat'l Indem. Co. OF the S. v. Landscape Mgmt. Co., Inc.
  963 So. 2d 361· Fla. 4th DCA· 2007-08-29 ·cited 3×
  National Indemnity appealed a declaratory judgment finding that its commercial general liability insurance policy provided coverage for a seasonal worker's injuries. The court affirmed, holding that the policy's definition of "temporary worker" was ambiguous regarding who could f
• 4350 NW 8 Terrace, LLC v. Commercial Laundries, Inc.
  411 So. 3d 572· Fla. 3d DCA· 2025-05-14 ·cited 2×
  The trial court erred in finding that the conditions for the ten-year lease extension under the Addendum were satisfied. The automatic seven-year extension under Paragraph Eight of the Lease was triggered when the tenant failed to notify the landlord to the contrary at least six
• First Fin. Nw., Inc. v. Laver
  410 So. 3d 1· Fla. 4th DCA· 2025-03-05 ·cited 2×
  A contract's fee-shifting provision that uses both 'may' and 'will' creates a mandatory entitlement to prevailing party attorney's fees when read in context; the word 'will' in the second sentence establishes a mandatory obligation to pay fees once collection efforts are undertak
• Fision Corp. v. Frueh
  369 So. 3d 1211· Fla. 2d DCA· 2023-08-23 ·cited 2×
  Fision Corporation appealed a summary judgment granted to Maria Frueh in a derivative action concerning an unpaid loan. The appellate court affirmed, holding that the promissory note required repayment in cash and Fision's attempt to introduce a new theory of repayment via stock
• First Equitable Realty III, Ltd. v. Grandview Palace Condo. Ass'n, Inc.
  329 So. 3d 167· Fla. 3d DCA· 2021-10-06 ·cited 2×
  The original Declaration of Condominium designated laundry rooms as limited common elements and required the association to pay utility expenses as common expenses; the developer's veto right under the First Amendment prevented the Second Amendment from shifting utility costs to
• People's Tr. Ins. Co. v. Santos
  320 So. 3d 910· Fla. 3d DCA· 2021-05-12 ·cited 2×
  An insurer that validly exercises a contractual right to repair option is not required to make an initial loss payment under section 627.7011(3)(a), which is inapplicable when such a repair clause exists and is exercised. Section 627.70131(1)(a) does not require an insurer to ack
• R.J. Reynolds Tobacco Co. v. State
  301 So. 3d 269· Fla. 4th DCA· 2020-07-29 ·cited 2×
  A settling defendant under a settlement agreement requiring perpetual payments based on market share remains liable for those payments even after transferring the underlying assets to a third party, where the settlement agreement is clear and unambiguous, contains no termination
• U.S. Bank v. Gabino Rodriguez
  256 So. 3d 882· Fla. 4th DCA· 2018-09-20 ·cited 2×
  U.S. Bank appealed the trial court's order denying its motion to retrieve original promissory note and mortgage documents from the court file in a foreclosed case. The dispute centered on whether an agreed order vacating a prior release order constituted a perpetual agreement to
• R.J. Reynolds Tobacco Co. v. Webb
  187 So. 3d 388· Fla. 1st DCA· 2016-03-21 ·cited 2×
  In this tobacco litigation case, R.J. Reynolds challenged enforceability of an attorney's fee agreement after the trial court awarded fees to the opposing party. The court held that the agreement was unenforceable because the plaintiff was not entitled to collect the damages awar
• Morrow Crane Co. v. Affiliated FM Ins. Co.
  885 F.2d 612· 9th Cir.· 1989-09-14 ·cited 2×
  The court held that the applicable insurance clause is determined by the contract between the insured's agent and the carrier, not the contract between the insured and its agent.
• Marshall v. Mac William
  391 So. 3d 446· Fla. 4th DCA· 2024-07-17 ·cited 1×
  New York's rule against perpetuities does not apply to mandatory stock redemption provisions in shareholder agreements of closely held corporations; such agreements are instead evaluated under the common law rule against unreasonable restraints on alienation and are valid if reas
• C & F Berry Farms, LLC v. Chandler
  388 So. 3d 1186· Fla. 5th DCA· 2024-07-12 ·cited 1×
  A mediated settlement agreement is binding and enforceable when the plain language sets forth all essential terms reflecting the parties' meeting of the minds and serious intent to be bound, even if some implementation details remain. The subsequent discovery of an obstacle withi
• Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass'n, Inc.
  346 So. 3d 78· Fla.· 2024-02-01 ·cited 1×
  Trial courts have discretion to determine the order in which coverage and amount-of-loss issues are resolved; a retained-rights provision in an insurance policy contemplates appraisals occurring prior to resolution of coverage issues. An insurer's denial of coverage based on frau
• Haingl v. LA Puerta DEL SOL Condo. Ass'n, Inc.
  351 So. 3d 120· Fla. 2d DCA· 2022-11-04 ·cited 1×
  The appellate court affirmed in part and reversed in part a trial court's order granting injunctive relief. While the court agreed with the trial court's findings regarding breach of a settlement agreement, it reversed the portion authorizing a writ of bodily attachment without a
• First Call 24/7, Inc. v. Citizens Prop. Ins. Corp.
  333 So. 3d 1180· Fla. 1st DCA· 2022-02-16 ·cited 1×
  The appellate court affirmed a lower court's decision that an insurance policy's appraisal clause applies to claims for mitigation services. The court found the policy language unambiguous and that the appraisal provision was intended to resolve disputes over the amount of covere
• Alina Nunez v. Aviv AIR Conditioning, Inc.
  319 So. 3d 731· Fla. 3d DCA· 2021-04-28 ·cited 1×
  A lease provision stating that the landlord's "sole remedy" is to retain the "option deposit" does not cap damages to the security deposit where the lease distinguishes between "option deposit" and "security deposit" as separate forms of deposits. The security deposit may be appl
• Nishman v. Stein
  292 So. 3d 1277· Fla. 2d DCA· 2020-04-17 ·cited 1×
  This case addresses whether a party in a paternity action can waive their right to temporary attorney's fees in a settlement agreement. The court held that while a party cannot waive temporary attorney's fees prior to final judgment in a paternity action, the specific waiver in t
• Megacenter US v. Goodman Doral 88TH Court
  273 So. 3d 1078· Fla. 3d DCA· 2019-04-24 ·cited 1×
  Under Florida law, substantial compliance with a notice provision is sufficient when the receiving party has actual notice, and strict compliance is not required; therefore, Megacenter's email notice of termination to Goodman's counsel satisfied the notice requirement despite not
• Five Seas Invs. v. Guzman
  258 So. 3d 569· Fla. 3d DCA· 2018-11-28 ·cited 1×
  An easement agreement granting air rights must be interpreted according to contract interpretation rules, giving effect to plain meaning and explicit limitations. The agreement here limited air rights to a specific elevation range (+45.75 to +115.00 feet), and balconies extending
• Wells v. Wells
  239 So. 3d 179· Fla. 2d DCA· 2018-02-14 ·cited 1×
  A marital settlement agreement provision granting exclusive use and possession of a home "through the daughter's minority and college years (4 years post high school)" reasonably requires the sale of the property after the daughter completes college, and should not be interpreted