RUTH SILVERS, APPELLANT,
v.
WAL-MART STORES, INC., A DELAWARE CORPORATION, AND CONCORD VILLAGE CONDOMINIUM IX ASSOCIATION, INC., APPELLEES
RUTH SILVERS, APPELLANT,
WAL-MART STORES, INC., A DELAWARE CORPORATION, AND CONCORD VILLAGE CONDOMINIUM IX ASSOCIATION, INC., APPELLEES
760 So. 2d 232
Florida District Court of Appeal, Fourth District (2000)
Caution
Cited by 13 cases
Opinion of the Court
FARMER, J.
Appellant’s complaint joining successive tortfeasors in a single action and alleging that she was unable to apportion her injuries between them stated a cause of action and was not defective for “improper joinder.” See Lawrence v. Hethcox, 283 So. 2d 41 (Fla.1973) (holding that separate trials for successive tortfeasors causing unappor-tionable damages would “enhance the difficulties of proof and tend to obstruct, rather than to promote, justice” and that it is an abuse of discretion not to permit joinder of successive tortfeasors where apportionment of damages is alleged to be impossible).
REVERSED.
DELL and SHAHOOD, JJ., concur.
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Sublime, Inc. v. Boardman's Inc., 849 So. 2d 470 (Fla. 4th DCA 2003)…t would be “immediately” due and payable. This was sufficient to put Boardman’s on notice that failure to pay at the allotted time would result in a default and trigger the acceleration provision. In Treasure Coast, Inc. v. Ludlum Construction Co., 760 So. 2d 232 (Fla. 4th DCA 2000), this court reversed a trial court’s [*472] decision not to enforce the terms of a settlement agreement contract dispute. There, the agreement provided, in part: 1. Defendant shall pay the Plaintiff the total sum of $37,000.00 p…
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Andersen Windows, Inc. v. Hochberg, 997 So. 2d 1212 (Fla. 3d DCA 2008)…Inc., 834 So. 2d 295, 297 (Fla. 4th DCA 2003); Williams v. Ingram, 605 So. 2d 890, 893 [*1214] (Fla. 1st DCA 1992) (“Settlement agreements are to be interpreted and governed by the law of contracts.”); see Treasure Coast, Inc. v. Ludlum Constr. Co., 760 So. 2d 232, 234 (Fla. 4th DCA 2000) (“Settlements are construed in accordance with the rules for interpretation of contracts.”). Courts, without dispute, are not authorized to rewrite clear and unambiguous contracts. E.g., Hill v. Deering Bay Marina Ass’n, 985…
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Rose v. Ditto, 804 So. 2d 351 (Fla. 4th DCA 2001)…was not of the essence in the parties’ settlement agreement). Notwithstanding that none of the Blau-stein factors are present in this case, Former Wife argues that this court’s recent decision in Treasure Coast, Inc. v. Ludlum Construction Company, 760 So. 2d 232 (Fla. 4th DCA 2000), is controlling and compels affirmance. In that case, the parties entered into a settlement agreement requiring the appellee construction party to make payments by a specific date. The agreement provided that “[i]f payment is mor…
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- Lawrence v. Hethcox, 283 So. 2d 41 (Fla. 1973)