STATE OF FLORIDA, PETITIONER,

v.

JOHN K. FERRIS, RESPONDENT

Citator

Cited By (12 total)

• Rollins, Inc. v. Heller, 454 So. 2d 580 (Fla. 3d DCA 1984)
  …ttled that exculpatory and limitation of damages provisions are valid and enforceable in these types of contracts. Mankap Enterprises, Inc. v. Wells Fargo Alarm Services, 427 So. 2d 332 (Fla. 3d DCA 1983); Continental Video Corp. v. Honeywell, Inc., 422 So. 2d 35 (Fla. 3d DCA 1982); Ace Formal Wear, Inc. v. Baker Protective Service, Inc., 416 So. 2d 8 (Fla. 3d DCA 1982); L. Luria & Sons, Inc. v. Alarmtec International Corp., 384 So. 2d 947 (Fla. 4th DCA 1980). In Mankap, this court held that such provisions…
• Mankap Enters., Inc. v. Wells Fargo Alarm Servs., 427 So. 2d 332 (Fla. 3d DCA 1983)
  …ked upon with disfavor, they will be upheld where the intention (of one who installs burglar alarm systems) is clear and unequivocal.3 We also affirm the summary judgment as to count three on authority of Continental Video Corp. v. Honeywell, Inc., 422 So. 2d 35 (Fla. 3d DCA 1982),4 which holds that an exculpatory clause of a contract for installation of burglar alarms which provides that installer would be held harmless for losses caused by improper operation of the system was not invalid and unenforceable…
• Hardage Enters., Inc. v. Fidesys Corp., N.V., 570 So. 2d 436 (Fla. 5th DCA 1990)
  …denied, 289 So. 2d 731 (Fla.1974). Similarly, we have, in a line of burglar alarm cases, upheld exculpatory clauses against claims for consequential losses based on breach of contract and gross negligence. Continental Video Corp. v. Honeywell, Inc., 422 So. 2d 35 (Fla. 3d DCA), rev. denied, 456 So. 2d 892 (Fla.1982); Ace Formal Wear, Inc. v. Baker Protective Service, Inc., 416 So. 2d 8 (Fla. 3d DCA 1982). The only other instance, so far, where public policy has voided an exculpatory clause is where a party s…

Authorities Cited

• State v. Smelt, 417 So. 2d 1154 (Fla. 2d DCA 1982)