JOHN T. HUBERT, JR., APPELLANT,

v.

DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLEE

Citator

Cited By

• Hardage Enters., Inc. v. Fidesys Corp., N.V., 570 So. 2d 436 (Fla. 5th DCA 1990)
  …rd “negligence,” the language used clearly reflects the intent of the parties to release Hardage from any and all liabilities, including those arising out of its own negligence. Instructive in this regard is the case of Bellefonte Ins. Co. v. Queen, 431 So. 2d 1039 (Fla. 4th DCA 1983). That controversy arose out of the death of a child caused by a moving school bus. After the accident, the child’s parents signed an agreement releasing the school board from “all claims and demands, actions and causes of action,…
• Jacquelynne Dale Fountain Levine v. A. Madley Corp. & Carlyle & Co. Jewelers, 516 So. 2d 1101 (Fla. 1st DCA 1987)
  …ellant that she was releasing appellees from their own negligence in administering the polygraph examination. Although appel-lees argue that the release language is similar to that held sufficiently explicit in Bellefonte Insurance Company v. Queen, 431 So. 2d 1039 (Fla. 4th DCA 1983), we disagree as the release therein is obviously more explicit and detailed. Consequently, in light of the foregoing, we hold that the trial court erred in granting summary judgment on the basis of the “Consent And Release,” and…
• Vermut v. Gen. Motors Corp., Inc., 773 So. 2d 126 (Fla. 4th DCA 2000)
  …ties’ intent and that “when that language is clear and unambiguous, the courts cannot indulge in construction or interpretation of its plain meaning.” Hurt v. Leatherby Ins. Co., 380 So. 2d 432, 433 (Fla.1980); see also Bellefonte Ins. Co. v. Queen, 431 So. 2d 1039 (Fla. 4th DCA 1983). The record reflects that the breadth of coverage of the Vermuts’ release is clear and unambiguous. Furthermore, the trial court’s finding that the release covered the claims in the instant lawsuit was made after hearing testimo…