LUIS GARCIA & ENID PEREZ, APPELLANT,
v.
TARMAC AMERICAN INC., ETC, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Garcia sued Tarmac American for injuries sustained on its premises, but Tarmac moved for summary judgment based on a release agreement Garcia had signed. The court affirmed summary judgment, holding that the release's language clearly encompassed all entities connected to Tarmac, including Tarmac itself, despite Tarmac not being explicitly named.
The court held that the release is clear and unambiguous on its face and therefore encompasses all entities connected with Aggregate Division, including Tarmac and Silversand. Because the contract language is unambiguous, the court must interpret the parties' intent from the four corners of the document alone, without resort to parol evidence.
[1] A release agreement is enforceable when it clearly and unambiguously states the intent of the parties to discharge all claims against specified entities.
[2] The intent of the parties to a clear and unambiguous contract must be determined solely from the language within the four corners of the document.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“release, discharge and surrender any and all claims whether or not asserted, against the Employer, Aggregate Div. Owner/Operator, or any of its officers, agents, servants, employees, directors, successors, assigns and any other person or entity connected to the Employer or Carrier of any nature whatsoever, without any limitation thereof”
The operative language of the release agreement showing its broad scope encompassing all connected entities
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLuis Garcia, employed as an independent contractor by Aggregates Division (a division of Tarmac and Silversand), tripped over an unpainted cement stri…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Summary Judgment Standard Of Review cases and more on FLexlaw
THOMPSON, J.
Luis Garcia and his wife, Enid Perez (collectively, “Garcia”), appeal a final summary judgment entered in favor of Tarmac American, Inc., d/b/a Silversand Transportation (“Tarmac”). We affirm.
Garcia filed a complaint against Tarmac American, Inc., d/b/a Silversand Transportation, alleging that he sustained injuries on Tarmac’s premises when he tripped over a cement strip that was not painted yellow. At the time of the incident, Garcia was employed as an independent contractor by Aggregates Division, a division of Tarmac and Silversand. After discovery, Tarmac filed a motion for summary judgment alleging that Garcia had executed a release/discharge and surrender of all claims. Attached to the motion for summary judgment was the release, signed by Garcia, which provided that in consideration for payment, Garcia agreed to:
release, discharge and surrender any and all claims whether or not asserted, against the Employer, Aggregate Div. Owner!Operator, or any of its officers, agents, servants, employees, directors, successors, assigns and any other person or entity connected to the Employer or Carrier of any nature whatsoever, without any limitation thereof, including any and all past, present, or future ADA, Title I, and Title VII claims or lawsuits....
(emphasis supplied).
Tarmac argued that summary judgment was warranted because Garcia relin quished his right to sue for his injuries. In a memorandum opposing the motion for summary judgment, Garcia argued that the release was not dispositive because: 1) the release did not name Tarmac America, Inc. or Silversand Corporation and; 2) the scope of the release was ambiguous. Garcia argued that Tarmac and Silversand were not named in the release because he had intended to pursue third-party claims against Tarmac and Silversand for his personal injuries. After a hearing in which sworn affidavits were submitted to show the intent of the parties during the execution of the release, the trial court entered summary judgment in favor of Tarmac.
On appeal, Garcia argues that the trial court inappropriately resolved disputed facts, weighed evidence, and made credibility determinations. We find V & M Erectors, Inc. v. Middlesex Corporation, 867 So. 2d 1252 (Fla. 4th DCA 2004), to be instructive and applicable to the instant case:
The standard of review applicable to the question of whether a contract is ambiguous is de novo. Because contract construction is a question of law, the appellate court need not defer to the trial court. In revieioing the trial court’s construction, the appellate court is “guided first by the language of the contract itself and where the contract is clear and unambiguous there is no reason to go further. ” In such a situation, the intent of the parties must be determined from only the four comers of the document, and not parol evidence.
Id. (emphasis supplied) (citations omitted).
In the instant case, Garcia agreed to “release, discharge and surrender any and all claims whether or not asserted, against the Employer, Aggregate Div. Owner/Operator, or any of its officers, agents, servants, employees, directors, successors, assigns and any other person or entity connected to the Employer or Carrier of any nature whatsoever, without any limitation thereof .... (emphasis added)” This language evinces a clear intent to release all entities connected with Aggregate Division, including Tarmac and Sil-versand. Because the release is clear and unambiguous, the intent of the parties was to be considered from the four corners of the document and not through parol evidence.
The summary judgment in favor of Tarmac is AFFIRMED.
PALMER and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fernandez v. Homestar AT Miller Cove, Inc., 935 So. 2d 547 (Fla. 3d DCA 2006)…on of law is de novo.’ ”) (quoting Major League Baseball v. Morsani, 790 So. 2d 1071, 1074 (Fla.2001)). In addition, “[t]he standard of review applicable to the question of whether a contract is ambiguous is de novo,” see Garcia v. Tarmac Am., Inc., 880 So. 2d 807, 808 (Fla. 5th DCA 2004), and if a contract is unambiguous, the construction of the contract presents a question of law. See Jaar v. Univ. of Miami, 474 So. 2d 239 (Fla. 3d DCA 1985); see also Leisure Resorts, Inc. v. City of West Palm Beach, 864 So…
-
Dezer Intracoastal Mall, LLC v. Seahorse Grill, LLC, 277 So. 3d 187 (Fla. 3d DCA 2019)…, the trial court entered a final judgment in favor of the Tenant. The Landlord’s appeal of the final judgment followed. “The standard of review applicable to the question of whether a contract is ambiguous is de novo.” Garcia v. Tarmac Am. Inc., 880 So. 2d 807, 809 (Fla. 5th DCA 2004) (quoting V & M Erectors, Inc. v. Middlesex Corp., 867 So. 2d 1252, 1253 (Fla. 4th DCA 2004)). “The interpretation of a contract involves a pure question of law for which this court applies a de novo standard of review.” Di…
-
Univ. OF Miami v. Francois, 76 So. 3d 360 (Fla. 3d DCA 2011)…admissible under the parol evidence rule”). The intent of the parties was to be determined from the four corners of the Agreement, not through consideration of extrinsic evidence. Sheen v. Lyon, 485 So. 2d 422 (Fla.1986); Garcia v. Tarmac Am., Inc., 880 So. 2d 807 (Fla. 5th DCA 2004); V & M Erectors, Inc. v. The Middlesex Corp., 867 So. 2d 1252 (Fla. 4th DCA 2004). In its initial order granting summary judgment, the trial court properly concluded that the clear and unambiguous terms of the Release and Settle…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- V & M Erectors, Inc. v. The Middlesex Corp., 867 So. 2d 1252 (Fla. 4th DCA 2004)