TERRI LYNN BARNER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (24 total)

• Delissio v. Delissio, 821 So. 2d 350 (Fla. 1st DCA 2002)
  …interpreter of the written document.” Ballantyne v. Ballantyne, 666 So. 2d 957, 958 (Fla. 1st DCA 1996); see also McIlmoil v. McIlmoil, 784 So. 2d 557 (Fla. 1st DCA 2001). Our standard of review is de novo. See Gibbs Constr. Co. v. S.L. Page Corp., 755 So. 2d 787, 790 (Fla. 2d DCA 2000). Contract terms are given their plain meaning in the absence of any evidence that the parties intended the words to have a special meaning. See Bingemann, 551 So. 2d at 1231. “Where the terms of the agreement are unambiguous…
• Anglia Jacs & Co., Inc. v. Dubin, 830 So. 2d 169 (Fla. 4th DCA 2002)
  …finding that claims were indivisible was not abuse of discretion). However, the determination of whether multiple claims within a lawsuit are separate and distinct is a matter of law to be reviewed de novo. See Gibbs Constr. Co. v. S.L. Page Corp., 755 So. 2d 787, 790 (Fla. 2d DCA 2000). Generally, when an action for breach of contract contains alternative theories of liability for the same wrong, rather than separate and distinct claims, only one party can prevail in the same lawsuit. Lucite Ctr., Inc. v.…
• Country Place Cmty. Ass'n, Inc. v. J.P. Morgan Mortg. Acquisition Corp., 51 So. 3d 1176 (Fla. 2d DCA 2010)
  …he circuit court’s determination of entitlement to attorney’s fees is based on a conclusion of law concerning the interpretation of a statute or contractual provision, we employ a de novo standard of review. See Gibbs Constr. Co. v. S.L. Page Corp., 755 So. 2d 787, 790 (Fla. 2d DCA 2000); Ware v. Land Title Co. of Fla., Inc., 582 So. 2d 46, 46-47 (Fla. 2d DCA 1991); Stevens v. Zakrzewski, 826 So. 2d 520, 521 (Fla. 4th DCA 2002). III. DISCUSSION We begin our discussion by noting that J.P. Morgan’s counsel ap…

Authorities Cited

• Bareis v. State, 708 So. 2d 622 (Fla. 5th DCA 1998)