JERRY GRAY, APPELLANT,
v.
D & J INDUSTRIES, INC., APPELLEE
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The court held that the construction of a clear and unambiguous contract is a question of law for the court, and the trial court's interpretation was accurate.
Plaintiff appealed an adverse final judgment after the trial court granted defendant's motion for a directed verdict. The appeal concerned the interpr…
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PER CURIAM.
The plaintiff, Jerry Gray, appeals from an adverse final judgment entered in favor of the defendant, D & J Industries, Inc. We affirm.
The plaintiff contends that the trial court erred by granting the defendant’s motion for directed verdict. We disagree.
The construction of a contract is a question of law for the courts to determine where the language used in the written contract is clear, unambiguous, and susceptible of only one interpretation. See Manner Cay Property Owners Ass’n, Inc. v. Topside Marina, Inc., 714 So. 2d 1130 (Fla. 4th DCA 1998)(“It is a cardinal rule that the construction of all written instruments is a question of law and belongs to the courts, provided ‘the language used is clear, plain, certain, undisputed, unambiguous, unequivocal, and not subject to conflicting inferences.’ ”)(quoting Okeelanta Corp. v. Bygrave, 660 So. 2d 743, 747 (Fla. 4th DCA 1995)). Our de novo review of the unambiguous written contract indicates that the trial court’s interpretation was accurate. Board of Trustees of the Internal Improvement Trust Fund v. Lost Tree Village Corp., 805 So. 2d 22 (Fla. 4th DCA 2001). Therefore, we affirm the order under review.
The remaining points raised by the appellant lack merit.
Affirmed.
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Commercial Cap. Res., LLC v. Giovannetti, 955 So. 2d 1151 (Fla. 3d DCA 2007)…contractual terms is a question of law, which we review de novo, “provided that the language is clear and unambiguous and free of conflicting inferences.” Miller v. Kase, 789 So. 2d 1095, 1097 (Fla. 4th DCA 2001); see also Gray v. D & J Indus. Inc., 875 So. 2d 683, 683 (Fla. 3d DCA 2004)(“The construction of a contract is a question of law for the courts to determine where the language used in the written contract is clear, unambiguous, and susceptible to only one interpretation.”). Where the contractual lang…
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Gulliver Schs., Inc. v. Snay, 137 So. 3d 1045 (Fla. 3d DCA 2014)…age of the parties’ agreement and Snay’s testimony confirming his breach of its terms, we reverse the order entered below granting the Snays’ motion to enforce the agreement. Reversed. . Our standard of review is de novo. Gray v, D &J Indus. Inc., 875 So. 2d 683, 683 (Fla. 3d DCA 2004) (“The construction of a contract is a question of law for the courts to determine where the language used in the written contract is clear, unambiguous, and susceptible of only one interpretation.”); see also Abel Homes at Na…
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Ira D. Giller v. Cafeteria OF S. Beach Ltd., LLP, 967 So. 2d 240 (Fla. 3d DCA 2007)…t a party hereto” or “other person” under the terms of the agreement. We disagree. We find that the contract plainly and unambiguously includes Mr. Giller among those who can demand arbitration under the terms of the agreement. Gray v. D & J Indus., 875 So. 2d 683 (Fla. 3d DCA 2004)(“The construction of a contract is a question of law for the courts to determine wheré the language used in the written contract is clear, unambiguous, and susceptible of only one interpretation.”). Second, we reject Cafeteria’s…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bd. of Trs. of the Internal Improvement Tr. Fund v. Lost Tree Vill. Corp., 805 So. 2d 22 (Fla. 4th DCA 2001)
- Okeelanta Corp. v. Bygrave, 660 So. 2d 743 (Fla. 4th DCA 1995)
- Mariner CAY Prop. Owners Ass'n, Inc. v. Topside Marina, Inc., 714 So. 2d 1130 (Fla. 4th DCA 1998)