FRANK MAIO GENERAL CONTRACTOR, INC., A FLORIDA CORPORATION, AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANTS,
v.
CONSOLIDATED ELECTRIC SUPPLY, INC., A FLORIDA CORPORATION, APPELLEE
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HERSEY, Judge.
Appellant, general contractor, appeals from a judgment rendered in favor of appellee, material supplier, entered despite execution by appellee of partial waivers and an ultimate Final Release that clearly and unambiguously acknowledged prior payment in full. This was error. The unambiguous terms of a release may not be avoided on the basis of unilateral mistake (such as where the lienor intends it to apply only to indebtedness accrued between certain dates). Hurt v. Leatherby Insurance Co., 354 So. 2d 918 (Fla. 4th DCA 1978). Further, a court may not indulge in “construction” of a release that is clear and unambiguous on its face. Hurt v. Leatherby Insurance Co., 380 So. 2d 432 (Fla.1980). Appellant was entitled to final judgment in its favor (and that of its surety).
REVERSED AND REMANDED.
LETTS and BERANEK, JJ., concur.
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BMW OF N. Am., Inc. v. Krathen, 471 So. 2d 585 (Fla. 4th DCA 1985)…nguage is clear and unambiguous, courts cannot indulge in construction or interpretation of its plain meaning. Hurt v. Leatherby Insurance Company, 380 So. 2d 432 (Fla.1980), Frank Maio General Contractor, Inc. v. Consolidated Electric Supply, Inc., 452 So. 2d 1092 (Fla. 4th DCA 1984). Further, where a contract is silent as to a particular matter, courts should not, under the guise of construction, impose on parties contractual rights and duties which they themselves omitted. See Southern Crane Rentals, [*588]…
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Water Prods. Co. OF Ill., Inc. v. Embry Dev. Corp., 596 So. 2d 155 (Fla. 1st DCA 1992)…WOLF, Judge. Affirmed. See Maio Gen. Contractor, Inc. v. Consolidated Elec. Supply, Inc., 452 So. 2d 1092 (Fla. 4th DCA 1984); Jowein v. Sudy Realty Corp. of Florida, 73 So. 2d 227 (Fla.1954). BOOTH and KAHN, JJ., concur.…
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Hall v. Burger King Corp., 912 F. Supp. 1509 (S.D. Fla. 1995)…clear and unambiguous, the courts cannot indulge in construction or interpretation of its plain meaning.” Hurt v. Leatherby Ins. Co., supra, 380 So.2d at 433; see also Frank Maio Gen. Contractor, Inc. v. Consolidated Elec. Supply, Inc., 452 So.2d 1092, 1093 (Fla. 4th DCA 1984). Where the parties’ intent can be determined from the language of the instrument, such intent is conclusive as to the nature of the instrument, and construction of the release is a question of law to be resolved by the cour…
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- Nolan Hurt and Florence Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980)
- Nolan Hurt and Florence Hurt v. Leatherby Ins. Co., 354 So. 2d 918 (Fla. 4th DCA 1978)