LESTER CARTER GRAY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (15 total)

• Kerrigan v. State, 711 So. 2d 1246 (Fla. 4th DCA 1998)
  …c policy. We reversed, holding that unconseionability is an affirmative defense which must be raised by proper pleadings and proved by the party asserting it. See 704 So. 2d at 1132 (citing Southworth & McGill, P.A. v. Southern Bell Tel. & Tel. Co., 580 So. 2d 628, 630-31 (Fla. 1st DCA 1991)). Moreover, the facts before the trial court did not show that the contract was against public policy. See 704 So. 2d at 1132-33. Despite the understanding that the trial court would conduct a hearing on novation, the tr…
• Sunny Isles Marina, Inc. v. Avi Adulami, 706 So. 2d 920 (Fla. 3d DCA 1998)
  …ida law requires that such clauses be strictly construed against the party claiming to be relieved of liability. See Hertz Corp. v. David Klein Mfg., Inc., 636 So. 2d 189, 191 (Fla. 3d DCA 1994); Southworth & McGill v. Southern Bell Tel. & Tel. Co., 580 So. 2d 628, 634 (Fla. 1st DCA 1991); Ivey Plants, Inc. v. FMC Corp., 282 So. 2d 205, 208 (Fla. 4th DCA 1973), cert. denied, 289 So. 2d 731 (Fla.1974); Middleton v. Lomaskin, 266 So. 2d 678, 680 (Fla. 3d DCA 1972). Such provisions, however, have been found to b…
• John & Elaine Rose & State Farm Ins. Co. v. ADT Sec. Servs., Inc., 989 So. 2d 1244 (Fla. 1st DCA 2008)
  …disfavored, these clauses are enforceable, as long as the language of such clauses is “so clear and understandable that an ordinary and knowledgeable party will know what he is contracting away.” Southworth & McGill, P.A. v. S. Bell Tel. & Tel. Co., 580 So. 2d 628, 634 (Fla. 1st DCA 1991). Florida courts also recognize, however, that a party “should not be permitted to exempt himself from responsibility to [another party] for damages resulting from [that party]’s negligence if such an exemption effectively im…

Authorities Cited

• Glass v. State, 574 So. 2d 1099 (Fla. 1991)