CREDIT ALLIANCE CORPORATION, A CALIFORNIA CORPORATION, APPELLANT,

v.

WESTLAND MACHINE COMPANY, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1983-10-18

No. 83-258

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.

439 So. 2d 332 Florida District Court of Appeal, Third District (1983) Positive Treatment

Cited by 19 cases

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Holding

A contractual waiver of a jury trial is enforceable, even if buried in boilerplate, when agreed to by experienced businessmen.

Facts & Procedural History

Credit Alliance sought a deficiency judgment after repossessing and selling Westland's equipment. Westland demanded a jury trial despite a contractual…

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Topics

Deficiency Judgment Unconscionability Public Policy

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Opinion of the Court

PER CURIAM.

Credit Alliance, the plaintiff below, sought a deficiency judgment stemming from the replevin and public sale of certain industrial equipment purchased by West-land and financed by Credit Alliance. A jury verdict was rendered in favor of West-land and Credit Alliance appealed. We reverse and remand for further proceedings consistent with the views expressed herein.

The principal error alleged by Credit Alliance is the trial court’s failure, in spite of a contractual waiver of trial by jury, to strike Westland’s jury demand. Relying on section 672.302, Florida Statutes (1981), Westland argues that such a contractual provision, concededly buried in boiler plate, is unconscionable. We disagree. The contract in question was agreed to by experienced businessmen. There is no evidence of overreaching or unconscionability within the meaning of section 672.302. Although the record demonstrates that he never read the contract, Westland’s president cannot now be heard to complain of its terms. He is bound by the contract which he signed. See Allied Van Lines, Inc. v. Bratton, 351 So. 2d 344 (Fla.1977); All Florida Surety Co. v. Coker, 88 So. 2d 508 (Fla.1956); Alejano v. Hartford Accident & Indemnity Co., 378 So. 2d 104 (Fla. 3d DCA 1979); John Deere Industrial Equipment Co. v. Roberts, 362 So. 2d 65 (Fla. 1st DCA 1978), cert. denied mem., 372 So. 2d 470 (Fla.1979).

Westland’s alternative argument, that a contractual provision waiving a jury trial is or should be void as against public policy, is without merit. See Central Investment Associates v. Leasing Service Corp., 362 So. 2d 702 (Fla. 3d DCA 1978) (contractual waivers of jury trial are enforceable in both Florida and New York), and the cases cited therein.

Reversed and remanded for further consistent proceedings.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646 (Fla. 2d DCA 1995)

…gement Corp., 564 So. 2d 1259 (Fla. 2d DCA 1990); Vista Centre Venture v. Unlike Anything, Inc., 603 So. 2d 576 (Fla. 5th DCA 1992); Palomares v. Ocean Bank of Miami, 574 So. 2d 1159 (Fla. 3d DCA 1991); Credit Alliance Corp. v. Westland Machine Co., 439 So. 2d 332 (Fla. 3d DCA 1983). These cases, however, are direct appeals from final orders. Parkway has cited no case in which a district court issued a writ of certiorari to quash an order refusing to strike a demand for jury trial. This is a good case in whi…
Merrill v. Lelia C. Benton, 467 So. 2d 311 (Fla. 5th DCA 1985)

…a written contract in this State can defend against it’s enforcement on the sole ground that he signed it without reading it. Allied Van Lines, Inc. v. Bratton, 351 So. 2d 344, 347 (Fla.1977). See Credit Alliance Corp. v. Westland Mach. Co., Inc., 439 So. 2d 332 (Fla. 3d DCA 1983); Sabin v. Lowe’s of Fla., Inc., [*313] 404 So. 2d 772 (Fla. 5th DCA 1981); Alejano v. Hartford Acc. and Indem. Co., 378 So. 2d 104 (Fla. 3d DCA 1979); John Deere Indus. Equipment Co. v. Roberts, 362 So. 2d 65 (Fla. 1st DCA 1978);…
Palomares v. Ocean Bank OF Miami, 574 So. 2d 1159 (Fla. 3d DCA 1991)

…upheld the validity of contractual waivers of jury trial. See Poller v. First Virginia Mortgage and Real Estate Inv. Trust, 471 So. 2d 104, 106 (Fla. 3d DCA), rev. denied, 479 So. 2d 118 (Fla.1985); Credit Alliance Corp. v. Westland Mach. Co., Inc., 439 So. 2d 332 (Fla. 3d DCA 1983). See also Central Inv. Assoc., Inc. v. Leasing Serv. Corp., 362 So. 2d 702 (Fla. 3d DCA 1978) (there is no public policy reason why a contract provision waiving trial by jury in an action arising under the contract should not be e…

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Authorities Cited

Allied van Lines, Inc. v. Ila M. Bratton, 351 So. 2d 344 (Fla. 1977)
ALL Fla. Sur. Co. v. Coker, 88 So. 2d 508 (Fla. 1956)
Alejano v. Hartford Accident & Indem. Co., 378 So. 2d 104 (Fla. 3d DCA 1979)
Cent. Inv. Assocs., Inc. v. Leasing Serv. Corp., 362 So. 2d 702 (Fla. 3d DCA 1978)
John Deere Indus. Equip. Co. v. Roberts, 362 So. 2d 65 (Fla. 1st DCA 1978)

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