ANTONIO JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ANTONIO JOHNSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
898 So. 2d 952
Florida District Court of Appeal, Third District (2005)
Caution
Cited by 19 cases
Opinion of the Court
PER CURIAM.
The motion for rehearing is denied. See McBride v. State, 884 So. 2d 476 (Fla. 4th DCA 2004)(relying on In re Dean, 375 F. 3d 1287, 1290 (11th Cir.2004) to hold that Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) does not apply retroactively).
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Riera v. Riera, 86 So. 3d 1163 (Fla. 3d DCA 2012)…gton University. The former husband contends the agreement contains a latent ambiguity. This is not so. Under Florida law, the initial determination of whether a contract term is ambiguous is a question of law. See Escobar v. United Auto. Ins. Co., 898 So. 2d 952, 954 (Fla. 3d DCA 2005); Team Land Dev., Inc. v. Anzac Contractors, Inc., 811 So. 2d 698, 699-700 (Fla. Sd DCA 2002). “A latent ambiguity arises when a contract on its face appears clear and unambiguous, but fails to specify the rights and duties of…
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Univ. OF Miami v. Lee Frank, M.D., Ph.D., 920 So. 2d 81 (Fla. 3d DCA 2006)…aking this argument, Frank insufficiently credits and misinterprets the very language of the Faculty Manual that is dispositive to this case. Whether a contract term is ambiguous is a question of law for the court. Escobar v. United Auto. Ins. Co., 898 So. 2d 952, 954-55 (Fla. 3d DCA 2005). However, as we previously have indicated, we believe there is a provision of the Faculty Manual in this case that specifically governs the relationship between the parties. Stated again, that provision reads: B. Regular…
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Antoniazzi v. Wardak, 259 So. 3d 206 (Fla. 3d DCA 2018)…LP, 740 F.3d 211, 223 (2d Cir. 2014); Bailey v. ERG Enters., LP, 705 F.3d 1311, 1320 (11th Cir. 2013); Chase Manhattan Bank v. Rood, 698 F.2d 435, 436 n. 1 (11th Cir. 1983). 4 law, which we also review de novo. Escobar v. United Auto. Ins. Co., 898 So. 2d 952 (Fla. 3d DCA 2005). If a contract term is ambiguous, requiring the trial court to resolve factual issues, we review the trial court’s determinations of fact for competent substantial evidence. Weisfeld-Ladd v. Estate of Ladd, 920 So. 2d 1148, 1…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- McBRIDE v. State, 884 So. 2d 476 (Fla. 4th DCA 2004)
- In re Will C. Dean, Jr., 375 F.3d 1287 (11th Cir. 2004)