JOHN C. REED, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Wash. Nat'l Ins. Corp. v. Sydelle Ruderman, 117 So. 3d 943 (Fla. 2013)
  …he drafter is a rule of last resort that is to be applied only if all other aids of construction, including the use of extrinsic evidence, fail to resolve the ambiguity) (citing Excelsior, 369 So. 2d at 942); DSL Internet Corp. v. TigerDirect, Inc., 907 So. 2d 1203, 1205 (Fla. 3d DCA 2005) (“The construction-against-the-drafter principle is a rule of last resort and is inapplicable when there is evidence of the parties’ intent at the time they entered into the contract.”). Florida insurance law has long adher…
• In re Standard Jury Instructions-Contract & Bus. Cases, 116 So. 3d 284 (Fla. 2013)
  …7 So. 2d 750 (Fla. 4th DCA 2002) (the rule to construe against the drafter is a secondary rule of interpretation and should be used as a last resort when all ordinary interpretive guides have been exhausted); DSL Internet Corp. v. TigerDirect, Inc., 907 So. 2d 1203, 1205 (Fla. 3d DCA 2005) (the against-the-drafter rule is a rule of last resort and is inapplicable if there is evidence of the parties’ intent). There is a risk that the jury may place too much emphasis on this rule, to the exclusion of evidence an…
• Emerald Pointe Prop. Owners' Ass'n, Inc. v. Commercial Constr. Indus., Inc., 978 So. 2d 873 (Fla. 4th DCA 2008)
  …of last resort,” which should not be utilized if the parties' intent can otherwise be conclusively determined. Sch. Bd. of Broward County v. Great Am. Ins. Co., 807 So. 2d 750, 752 (Fla. 4th [*879] DCA 2002); DSL Internet Corp. v. TigerDirect, Inc., 907 So. 2d 1203, 1205 (Fla. 3d DCA 2005); Child v. Child, 474 So. 2d 299 (Fla. 3d DCA 1985). .The Final Judgment does not indicate how the trial court determined its final damage award. . Plaintiffs Exhibit 7 does list repair costs. However, this exhibit was used…