A. HENRY CRESWELL AND JUNE T. CRESWELL, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF WILLIAM JOSEPH CRESWELL, A MINOR, DECEASED, ETC., APPELLANTS,

v.

JARTRAN, INC., TRANSPORT INDEMNITY COMPANY, ABRAM EZEKIEL DAVIS, AND FLORIDA FROZEN FOODS, INC., APPELLEES

Citator

Cited By

• L & H Constr. Co., Inc. v. Circle Redmont, Inc., 55 So. 3d 630 (Fla. 5th DCA 2011)
  …nt of the parties to a contract, the trial court must examine the whole instrument, not isolated parts. Blackshear Mfg. Co. v. Fralick, 88 Fla. 589, 102 So. 753, 754 (1925); Maines v. Davis, 491 So. 2d 1233, 1234 (Fla. 1st DCA 1986); Macaw v. Gross, 452 So. 2d 1126, 1127 (Fla. 3d DCA 1984). In the event an agreement is ambiguous, the court should follow a construction that best comports with logic, reason, and the purposes underlying the parties’ agreement. See Blackshear Mfg. Co., 102 So. at 754; Paneson v. P…
• Bucacci v. Boutin, 933 So. 2d 580 (Fla. 3d DCA 2006)
  …time, has approved certain rules to be observed in the construction of contracts and among them are the following: (1) the contract should be considered as a whole in determining the intention of the parties to the instrument....”); Macaw v. Gross, 452 So. 2d 1126 (Fla. 3d DCA 1984) (“To ascertain the intention of the parties to a contract, the trial court must examine the whole instrument, not just particular portions, and reach an interpretation consistent with reason, probability, and the practical aspects…
• Hamid A. Baghaffar v. Story, 515 So. 2d 1373 (Fla. 5th DCA 1987)
  …f the whole contract, and not just one small portion thereof. See A.R. Moyer, Inc. v. Graham, 285 So. 2d 397 (Fla.1973); Lalow v. Codorno, 101 So. 2d 390 (Fla.1958); Arthur Rutenburg Corp. v. Pasin, 506 So. 2d 33 (Fla. 4th DCA 1987); Macaw v. Gross, 452 So. 2d 1126 (Fla. 3d DCA 1984). .See section 48.23(3), Florida Statutes (1985), which provides that a court may control and discharge a lis pendens which is not based on a recorded instrument or mechanic’s lien in the same manner it grants and dissolves injunc…

Authorities Cited

• Pritchard v. Peppercorn & Peppercorn, Inc., 96 So. 2d 769 (Fla. 1957)
• Nunziato v. P & L Auto Parts, Inc., 403 So. 2d 1031 (Fla. 3d DCA 1981)