CLOVIS MONFISTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• BGT Grp., Inc. v. Tradewinds Engine Servs., LLC, 62 So. 3d 1192 (Fla. 4th DCA 2011)
  …hem or attach them to the quote and purchase order. Here, there was less description of the “terms and conditions” than there was of the document sought to be incorporated in Affinity Internet, Inc. v. Consolidated Credit Counseling Services, Inc., 920 So. 2d 1286, 1288 (Fla. 4th DCA 2006), where we found a description of a collateral document insufficient to create an incorporation of it by reference. In Affinity, a computer service contract stated that the contract was “subject to all of [the service provid…
• Orthopedic Specialists v. Allstate Ins. Co., 177 So. 3d 19 (Fla. 4th DCA 2015)
  …the language at dispute here and found it to be ambiguous: The “subject to provision” is intrinsically ambiguous, with many possible meanings. In context all of them create ambiguity. See Affinity Internet Inc. v. Consol. Credit Couns. Serv., Inc., 920 So. 2d 1286, 1289 (Fla. 4th DCA 2006) ... (subject to means “liable, subordinate, inferior, obedient to; governed or affected by; provided; answerable” (quoting BLACK’S LAW DICTIONARY 1425 (6th ed[J 1990))). In fact its customary legal use is really only to “in…
• Leesburg Cmty. Cancer Ctr. v. Leesburg Reg'l Med. Ctr., Inc., 972 So. 2d 203 (Fla. 5th DCA 2007)
  …“subject to the terms and provisions of [the ground] lease.” To us, this language simply means that any sublessee must agree to abide by all obligations of the ground lease. See Affinity Internet, Inc. v. Consolidated Credit Counseling Serv., Inc., 920 So. 2d 1286, [*207] 1288 (Fla. 4th DCA 2006) (“The words ‘subject to’ ‘usually indicate a condition to one party’s duty of performance and not a promise by the other.’ ”) quoting Burgess Constr. Co. v. M. Morrin & Son Co., Inc., 526 F. 2d 108, 113 (10th Cir.197…