Plain Language Of Contract

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

• Perez-Gurri Corp. v. McLeod
  238 So. 3d 347· Fla. 3d DCA· 2017-11-22 ·cited 44×
  Perez-Gurri Corporation, a general contractor, appealed the dismissal of its professional malpractice action against M2G2 Architects based on summary judgment. The Florida Third District Court of Appeal reversed, holding that material factual disputes existed regarding M2G2's inv
• State Farm Mut. Auto. Ins. Co. v. Curran
  135 So. 3d 1071· Fla.· 2014-03-13 ·cited 38×
  State Farm sought review of a Fifth District decision holding that an insured's breach of a compulsory medical examination (CME) provision in an uninsured motorist policy does not automatically forfeit benefits absent proof of prejudice. The Florida Supreme Court affirmed, holdin
• State Farm Fire & Cas. Co. v. Patrick
  647 So. 2d 983· Fla. 3d DCA· 1994-12-14 ·cited 12×
  State Farm appealed a summary judgment order requiring it to pay $2,854.41 in withheld depreciation from a Hurricane Andrew insurance claim. The Third District reversed, holding that under the plain language of the replacement cost policy, State Farm was not obligated to pay the
• United Bank & Tr. Co. OF Norman v. The Kan. Bankers Sur. Co.
  901 F.2d 1520· 10th Cir.· 1990-04-24 ·cited 9×
  The court held that the loss was sustained when credit was extended on the faith of counterfeit securities, prior to the bond's effective date, and thus the bond did not cover the loss.
• Republic Servs., Inc. v. Calabrese
  939 So. 2d 225· Fla. 5th DCA· 2006-10-13 ·cited 8×
  Republic Services appealed a trial court judgment in a contract dispute involving a stock purchase agreement and guarantees. The appellate court affirmed the judgment in all respects except reversed and remanded the calculation of pre-judgment interest, holding that the parties'
• Tiny Treasures Acad. & GET Well Ctr., Inc. v. Stirling Place, Inc.
  916 So. 2d 991· Fla. 4th DCA· 2005-12-28 ·cited 7×
  Tiny Treasures Academy appealed a judgment awarding Stirling Place damages of $25,799.36 for breach of a settlement agreement involving premises damage and lost rent. The Fourth District reversed the award of lost rent damages, holding that the settlement agreement's reference to
• Nabbie v. Orlando Outlet Owner, LLC
  237 So. 3d 463· Fla. 5th DCA· 2018-02-09 ·cited 6×
  Tyrone Nabbie, a guarantor under a commercial guaranty agreement, appeals a summary judgment ruling that he waived the right to demand payment before being required to perform his guaranty obligations. The Fifth District Court of Appeal reversed, holding that the demand requireme
• Barrington v. Gryphon Invs., Inc.
  32 So. 3d 668· Fla. 2d DCA· 2010-03-12 ·cited 6×
  Real estate agents appealed summary judgment in favor of their brokerage on a dispute over post-termination commission deductions. The court reversed, finding a latent ambiguity in the contract's 25% commission retention clause based on evidence the brokerage had not consistently
• Aleman v. Gervas
  314 So. 3d 350· Fla. 3d DCA· 2020-10-21 ·cited 5×
  This case involves a breach of contract dispute where the appellant argued the trial court misinterpreted a contractual provision regarding payment obligations. The appellate court affirmed the trial court's decision, finding the interpretation of the contract language was reason
• Kenney v. Goff
  259 So. 3d 140· Fla. 4th DCA· 2018-12-12 ·cited 5×
  Former wife Cheryl Ann Kenney appeals a post-judgment order that characterized a $360,000 lump sum payment as equitable distribution rather than spousal support. The trial court's classification affected the characterization of the obligation in the parties' marital settlement ag
• 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.
• 814 Prop. Holdings, LLC v. NEW Birth Baptist Church Cathedral of Faith Int'l, Inc.
  344 So. 3d 535· Fla. 3d DCA· 2022-06-29 ·cited 4×
  A purchase option clause in a condominium declaration is an unreasonable restraint on alienation and therefore unenforceable when it imposes a fixed price with indefinite duration, as such terms constrain the development and marketability of the property.
• Keenan Hopkins Schmidt & Stowell Contractors, Inc. v. Cont'l Cas. Co.
  653 F. Supp. 2d 1255· M.D. Fla.· 2009-09-01 ·cited 4×
  The court held that the Continental policy provided only excess coverage, and because the primary insurers' policy limits were not exhausted, Continental had no duty to indemnify or defend. Additionally, the court found the claims barred by the 'known and continuing loss' provisi
• AP Parts Co. v. Int'l Union
  923 F.2d 488· 6th Cir.· 1991-01-22 ·cited 4×
  An arbitrator's award that ignores the plain language of a collective bargaining agreement and directs parties to renegotiate issues already settled is outside the arbitrator's authority and can be vacated.
• HSBC Bank USA v. Sabatino J. Leone and Diana Leone
  271 So. 3d 172· Fla. 2d DCA· 2019-05-03 ·cited 3×
  When a foreclosure action is dismissed without prejudice based on the same uncured default, the lender is not required to send a new default notice under paragraph 22 of the mortgage before filing a second foreclosure action. The original default notice remains valid and serves t
• O'Brien v. Cynthia T. McMAHON for Madison Anne Todd
  44 So. 3d 1273· Fla. 1st DCA· 2010-10-07 ·cited 3×
  Elizabeth Anne O'Brien appealed a summary judgment ruling that she had no right to proceeds from her uncle's life insurance policy after he validly changed the beneficiary designation from her to his newly-adopted daughter. The Florida First District Court of Appeal affirmed, hol
• Pezeshkan v. Manhattan Constr. Fla. Inc.
  313 So. 3d 948· Fla. 2d DCA· 2021-03-26 ·cited 2×
  The appellate court reversed a lower court's order compelling arbitration, finding that the appellant had not agreed to arbitrate with the companies seeking arbitration and that the disputes were not arbitrable. The court emphasized that arbitration is a matter of contract and re
• Castro v. Mercantil Commercebank, N.A.
  305 So. 3d 623· Fla. 3d DCA· 2020-04-29 ·cited 2×
  The appellate court affirmed a lower court's order authorizing the garnishment of a debtor's wages. The court held that the debtor's written consent to garnishment in a guaranty agreement was a valid waiver of his "head of family" statutory exemption.
• Diaz v. Kosch
  250 So. 3d 156· Fla. 3d DCA· 2018-06-13 ·cited 2×
  Buyers appealed summary judgments in a failed residential real estate transaction, challenging the trial court's determination that they forfeited their right to cancel the contract and their earnest money deposit. The Florida District Court of Appeal, Third District affirmed, ho
• DEA v. PH Fort Myers, LLC
  208 So. 3d 1204· Fla. 2d DCA· 2017-01-13 ·cited 2×
  The Estate of Caroline Dea appealed an order compelling arbitration of claims against Lamplight of Fort Myers. The court reversed, holding that Lamplight, as a successor-in-interest to the original facility, could not enforce an arbitration agreement to which it was not a party a
• Taylor v. United Servs. Auto. Ass'n
  684 So. 2d 890· Fla. 5th DCA· 1996-12-20 ·cited 2×
  A married military officer who has established a separate household with her spouse and child does not qualify as a member of her mother's household under an insurance policy's definition of "family member," even though she maintains military service and strong ties to her mother
• Ferretti v. Nova Se. Univ., Inc.
  2022 WL 471213· S.D. Fla.· 2022-05-23 ·cited 1×
  The court held that the university's contract terms unambiguously allowed for a shift to online instruction, but did not unambiguously permit the closure of campus facilities and services.
• Dslrpros, Inc. v. Eyal Lalo
  339 So. 3d 379· Fla. 3d DCA· 2021-11-17 ·cited 1×
  This case involves an appeal concerning personal liability for a business loan and the applicable interest rate after default. The appellate court affirmed the lower court's decision, finding that the individual shareholders were personally liable for the loan and that the statut
• DOE v. Natt
  299 So. 2d 599· Fla. 2d DCA· 2020-03-25 ·cited 1×
  The court reversed a lower court's order compelling arbitration, holding that the Airbnb contract did not provide "clear and unmistakable evidence" that the parties intended for an arbitrator, rather than a judge, to decide the issue of arbitrability. The case clarifies the stand
• Colino v. Colino
  198 So. 3d 1137· Fla. 5th DCA· 2016-08-26 ·cited 1×
  Former Husband appealed the trial court's award of the Pennypacker property to Former Wife in a marital dissolution case, arguing the trial court misinterpreted their prenuptial agreement. The appellate court agreed, holding that under the plain language of the prenuptial agreeme
• Fla. Ins. Guar. Ass'n v. Somerset Homeowners Ass'n, Inc.
  83 So. 3d 850· Fla. 4th DCA· 2011-12-21 ·cited 1×
  The court held that an insurer's delay in paying an appraisal award does not excuse the insured's obligation to repair or replace damaged property as a condition precedent to receiving replacement cost value benefits.
• Kanuth v. Prescott
  949 F.2d 1175· D.C. Cir.· 1991-12-13 ·cited 1×
  The court held that the arbitral panel did not exceed its authority by ignoring the plain meaning of the contract or by manifestly disregarding applicable law when confirming the award.
• Johnston v. Johnston
  Fla. 2d DCA· 2024-07-10
  In this consolidated family law appeal, the court addressed whether a former husband could receive credit for separate, nonmarital funds he contributed toward the purchase of jointly titled properties under a prenuptial agreement. The court held that jointly owned real property a
• TBC Fla., LLC v. Infinity Biscayne Myrtle Member, LLC
  Fla. 3d DCA· 2023-09-27
  A guarantor's obligations survive an assignment of the underlying lease when the guaranty agreement provides that modifications to the lease shall not release the guarantor from liability. Summary judgment was properly granted on the breach of contract claim because the tenant fa
• Markel v. Sternberg
  Fla. 2d DCA· 2023-09-15
  The appellate court reversed an order compelling arbitration, finding that the claims brought by the Limited Partners did not fall within the narrow scope of the arbitration clause in the Partnership Agreement. The clause only applied to disputes concerning the meaning or interpr
• Dickstein v. Walker
  Fla. 3d DCA· 2023-03-01
  Summary judgment is appropriate when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law under Florida Rule of Civil Procedure 1.510(a).
• Dominguez v. Sasson
  S.D. Fla.· 2022-07-04
  The court denied the defendant's motion to dismiss, finding that the plaintiff adequately stated claims for breach of contract and breach of fiduciary duty, and that the defendant had not waived personal jurisdiction.
• Aecom Tech. Servs., Inc. v. Prof'l Serv. Indus., Inc.
  M.D. Fla.· 2021-12-29
  A dispute arose between AECOM and its subcontractor PSI regarding whether PSI's contract incorporated an RFP requirement to perform pilot hole borings at every drilled shaft location for a Tampa expressway construction project. The court determined that PSI's contract incorporate
• Diamond Lake Condo. Ass'n, Inc. v. Empire Indem. Ins. Co.
  M.D. Fla.· 2021-12-27
  The court held that a claim for Ordinance and Law coverage under an insurance policy is unripe until the property is actually repaired, and therefore, summary judgment on that claim is premature.
• Martinez-Olson v. THE Est. of DAN Olson
  Fla. 3d DCA· 2021-09-01
  A marital settlement agreement that specifically references a 401(k) plan and provides that each party shall receive the proceeds from their own plan while waiving any claims or interest in the other's plan constitutes a clear and unambiguous waiver of the named beneficiary's ent
• Cafe Int'l Holding Co. LLC v. Chubb Ltd.
  S.D. Fla.· 2021-05-04
  The court held that the plaintiff failed to allege facts sufficient to establish direct physical loss or damage to its property, which is required to trigger coverage under the insurance policy for COVID-19 related claims.
• CTF Dev., Inc. v. BML Props. Ltd.
  Del. Ch.· 2019-10-25
  The Court of Chancery denied BML's motions to dismiss for lack of subject matter jurisdiction and failure to state a claim, and denied Plaintiffs' motion for partial summary judgment. The court found it had subject matter jurisdiction because the plaintiffs sought equitable relie
• Silver Mgmt. Grp., Inc. v. Advisorengine Inc.
  Del. Ch.· 2019-03-18
  The court held that AdvisorEngine was entitled to summary judgment on Silver's claim for license fees related to Junxure software, finding that the software was not included in the contract's definition of "Vanare Platform Services." The court also granted summary judgment to Sil
• Damio v. Marine Hospitality Corp.
  187 So. 3d 890· Fla. 4th DCA· 2016-03-02
  Dennis and Penny Damio appealed a final judgment awarding damages to Marine Hospitality Corporation and Viden Corporation arising from shareholder transaction disputes. The appellate court affirmed most of the trial court's rulings but reversed in part, finding the trial court er
• Simon v. Simon
  91 So. 3d 214· Fla. 4th DCA· 2012-06-20
  The court held that the trial court erred by failing to enforce the parties' premarital agreement regarding the division of artwork, as the agreement's terms were clear and unambiguous.
• Willoughby Ests. v. Bankunited
  15th Cir. Ct. App. Div.· 2006-06-30
  Bankunited, as an institutional first mortgagee that acquired a foreclosed property, sought to recover assessment payments it made to the homeowners association. The court affirmed the trial court's judgment that Article XII, Section 4 of the Declaration exempts institutional fir
• Dillon Fam. & Youth Servs., Inc. v. The Dep't OF Human Servs. OF the State OF Okla. & Phil Watson
  965 F.2d 932· 10th Cir.· 1992-06-02
  The court held that the contract's plain language, incorporating a specific state plan section for reimbursement, should be enforced as written, even after amendments to that section.
• Am. Home Assurance Co. v. Miller
  717 F.2d 1310· 9th Cir.· 1983-10-06
  The court should affirm the lower court's decision because the insurer has no duty to defend when the pleadings clearly show no obligation to indemnify.