CAROL SOUCY, APPELLANT,
v.
HUGH DALTON CASPER, III, AND ROSEMARY L. WELLS, APPELLEES
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Carol Soucy appeals summary judgment dismissing her personal injury claim against Hugh Casper, arguing that a release she signed was intended to cover only her derivative loss of consortium claim, not her personal injury claim. The Fourth District Court of Appeal reversed, holding that uncontradicted affidavits establishing mutual mistake regarding the release's scope raised a genuine issue of material fact precluding summary judgment.
The court reversed summary judgment, holding that the appellant's uncontradicted affidavits alleging mutual mistake—that both parties intended to release only her loss of consortium claim—raised a genuine question of material fact that precluded summary judgment. The burden was not on the appellant to prove mutual mistake at the summary judgment stage when the affidavits were uncontradicted by the appellee.
[1] A release may be set aside upon a showing of mutual mistake regarding the intent of the parties.
[2] A party seeking to avoid a release based on mistake must demonstrate that both parties to the release were mistaken.
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Join FLexlaw to unlock all legal intelligence“if a party to a release can establish mutual mistake, that party may be relieved from the unintended language”
States the legal standard governing relief from releases due to mutual mistake
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Join FLexlaw to unlock all legal intelligenceCarol and Gilbert Soucy were injured in a motor vehicle accident allegedly caused by Hugh Casper and Rosemary Wells. Gilbert Soucy settled his persona…
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RAMIREZ, JUAN, Jr., Associate Judge.
This appeal is the companion ease to Soucy v. Wells, 658 So. 2d 1017 (Fla.App.1995), following a final summary judgment entered by the trial court in favor of Hugh Dalton Cas-per against Carol Soucy. We reverse.
Appellant and her husband were injured in a motor vehicle accident allegedly caused by Hugh D. Casper and Rosemary L. Wells. Prior to appellant filing suit, her husband, Gilbert Soucy, settled his personal injury claim with three insurance companies, all of which had tendered their policy limits. One of these companies was State Farm Automobile Insurance Company, Casper’s insurance carrier. Both Mr. Soucy and appellant signed a pre-printed form release from State Farm.
Appellant claims that she only signed the release settling her derivative claim for loss of consortium. The release was for the amount of $50,000, the policy limit per person on Casper’s policy. It contained no language limiting the release to her loss of consortium claim.
Over a year later, appellant filed her own action against Casper. Casper filed an affirmative defense alleging release by appellant. Appellant denied this in her reply. During discovery, appellant admitted she had signed the release and endorsed the settlement check. When Casper moved for summary judgment, appellant and the attorney who had initially handled the Soucys’ personal injury case, Andrew A. Graham, filed affidavits in opposition to the motion for summary judgment. They stated in their affidavits that the release was intended to release only appellant’s claim for loss of consortium. Mr. Graham’s affidavit specifically stated: “There was never any intent to settle [appellant’s] claim at that time in as she was still undergoing medical treatments.” Neither Casper nor State Farm filed an affidavit contradicting the affidavits.
In Ayr v. Chance, 372 So. 2d 1000 (Fla. 4th DCA 1979), this court held that if a party to a release can establish mutual mistake, that party may be relieved from the unintended language. Through the pleadings in this cause, appellant has established that both sides intended to release only appellant’s derivative claim. As in Ayr, we must reverse the order granting summary judgment.
Appellee correctly points out that it is insufficient for appellant to allege and prove unilateral mistake. Milford v. Metropolitan Dade County, 430 So. 2d 951 (Fla. 3d DCA), rev. denied, 440 So. 2d 352 (Fla.1983). She must prove that both parties to the release were mistaken. Admittedly, in Milford, attorneys for both parties filed affidavits. However, by alleging in their affidavits that there was never any intent to settle appellant’s claim, an allegation which appellee has not contradicted, a genuine question of material fact has been raised, precluding summary judgment.
The court in Gonzalez v. Travelers Indemnity Co. of R.I., 408 So. 2d 741 (Fla. 3d DCA 1982), reversed summary judgment where objective evidence of mutual mistake was presented. Here, appellant was still undergoing medical treatment for her injuries. State Farm tendered its policy limits on Mr. Soucy's claim after receiving his settlement brochure.
In Bagnasco v. Smith, 382 So. 2d 401 (Fla. 4th DCA 1980), this court reversed a summary judgment even though the issue of mutual mistake was not artfully presented. Similarly, appellant has presented her claim of mutual mistake through her reply to the affirmative defense as well as through her and her counsel’s uncontradicted affidavits to avoid summary judgment.
REVERSED AND REMANDED.
DELL, C.J., and STONE, J., concur.
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Soucy v. Casper, 658 So. 2d 1017 (Fla. 4th DCA 1995)…RAMIREZ, JUAN, Jr., Associate Judge. This is the companion case to Soucy v. Casper, 658 So. 2d 1015. Carol Soucy appeals a final summary judgment in favor of Rosemary Wells and Allstate, her insurer. We reverse. Appellant and her husband were injured in a motor vehicle accident allegedly caused by Hugh D. Casper and Rosemary L. Wells. Prior to ap…
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McKEEVER v. Rushing, 41 So. 3d 920 (Fla. 2d DCA 2010)…ffidavit stating that if the release was a general release, he signed it by mistake and never understood the purpose of the release to include foreclosing his personal injury claim, raises an issue of fact that must be resolved. See Soucy v. Casper, 658 So. 2d 1015, 1016 (Fla. 4th DCA 1995) (“[B]y alleging in their affidavits that there was never any intent to settle appellant’s claim, an allegation which appellee has not contradicted, a genuine [*924] question of material fact has been raised, precluding summ…
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ALI R. Ghahramani, M.D., P.A. v. Pablo A. Guzman, M.D., P.A., 768 So. 2d 535 (Fla. 4th DCA 2000)…hat his affirmative defense of mistake of fact created a genuine issue of material fact rendering summary judgment improper. A release executed pursuant to a mutual mistake of past or present fact may on proper showing be set aside. Soucy v. Casper, 658 So. 2d 1015, 1015 (Fla. 4th DCA 1995). Moreover, when a party to an unambiguous agreement has a dispute regarding the agreement’s scope, an exception to the parol evidence rule applies, and such evidence may be admissible to determine the true intent of the par…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- AYR v. Chance, 372 So. 2d 1000 (Fla. 4th DCA 1979)
- Milford v. Metro. Dade Cnty., 430 So. 2d 951 (Fla. 3d DCA 1983)
- Gonzalez v. Travelers Indem. Co. of R.I., 408 So. 2d 741 (Fla. 3d DCA 1982)
- Soucy v. Casper, 658 So. 2d 1017 (Fla. 4th DCA 1995)
- Bagnasco v. Smith, 382 So. 2d 401 (Fla. 4th DCA 1980)