RENE JAMES BRYANT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (17 total)

• Bueno v. Ilene Workman, 20 So. 3d 993 (Fla. 4th DCA 2009)
  …tual or constructive knowledge of the right; and (3) the intent to relinquish the right. Proof of these elements ‘may be express, or implied from conduct or acts that lead a party to believe a right has been waived.’ ” LeNeve v. Via S. Fla., L.L.C., 908 So. 2d 530, 535 (Fla. 4th DCA 2005) (citations omitted). Although the first two elements exist here, the third element does not. The fact that the plaintiff sought compensation from her UM carrier does not imply that she intended to relinquish her right to see…
• In re Standard Jury Instructions-Contract & Bus. Cases, 116 So. 3d 284 (Fla. 2013)
  …02). 4. Proof of the elements of waiver may be express or implied from conduct or acts that lead a party to believe a right has been waived. Raymond James Fin. Servs., Inc. v. Saldukas, 896 So. 2d 707, 711 (Fla.2005); LeNeve v. Via S. Fla., L.L.C., 908 So. 2d 530, 535 (Fla. 4th DCA 2005). 416.31 AFFIRMATIVE DEFENSE-NOVATION To establish the defense of novation, (defendant) must prove that all parties agreed, by words or conduct, to cancel the original contract and to substitute a new contract in its place.…
• Infinity Design Builders, Inc. v. M.F. Hutchinson, 964 So. 2d 752 (Fla. 5th DCA 2007)
  …tional relinquishment of a known right or conduct which implies the voluntary and intentional relinquishment of a known right.” See Raymond James Fin. Servs., Inc. v. Saldukas, 896 So. 2d 707 (Fla.2005); see also LeNeve v. Via South Florida, L.L.C., 908 So. 2d 530, 535 (Fla. 4th DCA 2005). When a party moves to compel arbitration of an issue, a trial court must consider the following three elements: (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whe…