JAYRE, INC., A FLORIDA CORPORATION, AND HILLARD HERZOG, APPELLANTS,

v.

BARCLAYSAMERICAN/BUSINESS CREDIT, INC., A CONNECTICUT CORPORATION, APPELLEE; FLAGSHIP NATIONAL BANK OF BROWARD COUNTY, APPELLANT, V. BARCLAYSAMERICAN/BUSINESS CREDIT, INC., A CONNECTICUT CORPORATION, APPELLEE

Citator

Cited By

• In re Standard Jury Instructions-Contract & Bus. Cases, 116 So. 3d 284 (Fla. 2013)
  …Bacon v. Karr, 139 So. 2d 166 (Fla. 2d DCA 1962). An additional tool the jury can utilize to determine who is the drafter is they can interpret the language at issue against the party which benefits from the language. Belen School, Inc. v. Higgins, 462 So. 2d 1151 (Fla. 4th DCA 1984); Watson v. Poe, 203 So. 2d 14 (Fla. 4th DCA 1967). 416.21 EXISTENCE OF CONDITIONS PRECEDENT DISPUTED (Defendant) claims that the contract with (claimant) provides that [he][she][it] was not required to (insert duty) unless (ins…
• Herian v. Se. Bank, N.A., 564 So. 2d 213 (Fla. 4th DCA 1990)
  …iting was issued. An interpretation of a contract which gives a reasonable, lawful and effective meaning to all of the terms is preferred to an interpretation which leaves a part unreasonable, unlawful or of no effect. Belen School, Inc. v. Higgins, 462 So. 2d 1151 (Fla. 4th DCA 1984). The certificate of deposit and accompanying disclosure statement was a contract which must be interpreted to give effect to the mutual intention of the parties at the time of contracting. See Downing v. First Bank in Claremore,…
• Raytheon Subsidiary Support Co., Inc. v. J.O. Crouch, 548 So. 2d 781 (Fla. 4th DCA 1989)
  …ning is in doubt, an interpretation which gives a reasonable, lawful, and effective meaning to all its terms is preferred to an interpretation which leaves a part of the contract unreasonable, unlawful or of no effect. Belen School, Inc. v. Higgins, 462 So. 2d 1151 (Fla. 4th DCA 1984). In finding an employment contract valid for a specified duration, the case of Maines v. Davis, 491 So. 2d 1233 (Fla. 1st DCA 1986), applied six rules of contract construction: (1) the contract should not be held void for uncer…