MELVIN MALONE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MELVIN MALONE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
944 So. 2d 1256
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Affirmed. See § 934.03(2)(e), Fla. Stat. (2002); Commerford v. State, 728 So. 2d 796 (Fla. 4th DCA 1999); Barr v. State, 659 So. 2d 370 (Fla. 5th DCA 1995), review denied, 667 So. 2d 774 (Fla.1996); Franco v. State, 376 So. 2d 1168 (Fla. 3d DCA 1979), cert, denied, 386 So. 2d 636 (Fla. 1980).
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Citator
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Reggie Smith v. Shelton, 970 So. 2d 450 (Fla. 4th DCA 2007)….P., 760 So. 2d 126, 130 (Fla.2000). Here, the issue was one of contract interpretation. “The interpretation or construction of a contract that is clear and unambiguous is a matter of law that is reviewed de novo.”. Lipton v. First Union Nat’l Bank, 944 So. 2d 1256, 1258 (Fla. 4th DCA 2007) (quoting Caulkins Indiantown Citrus Co. v. Nevins Fruit Co., 831 So. 2d 727, 735 (Fla. 4th DCA 2002)). Whether an ambiguity exists in a contract also is a question of law. Torwest, Inc. v. Killilea, 942 So. 2d 1019, 1020 (F…
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Branscombe v. Jupiter Harbour, LLC, 76 So. 3d 942 (Fla. 4th DCA 2011)…tion or construction of a contract that is clear and unambiguous is a matter of law that is reviewed de novo.’” Amquip Crane Rental, LLC v. Vercon Constr. Mgmt., Inc., 60 So. 3d 536, 539 (Fla. 4th DCA 2011) (quoting Lipton v. First Union Nat’l Bank, 944 So. 2d 1256, 1258 (Fla. 4th DCA 2007)). A trial court’s construction of an ambiguous contract will be affirmed when it is supported by competent substantial evidence. See Dinallo v. Gunster, Yoakley, Valdes-Fauli & Stewart, P.A., 768 So. 2d 468, 471 (Fla. 4th D…
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Michael Anthony Co. v. Palm Springs Townhomes, 174 So. 3d 428 (Fla. 4th DCA 2015)…hus, the court awarded Palm Springs “liquidated damages” in the amount of $2,038,909.38. “The interpretation or construction of a contract that is clear and unambiguous is a matter of law that is reviewed de novo.” Lipton v. First Union Nat’l Bank, 944 So. 2d 1256, 1258 (Fla. 4th DCA 2007) (citation omitted). “With respect to the factual findings, ‘[a]s an appellate court, it is not our function to reweigh the evidence but, rather, to view the’ record to determine if it contains competent and substantial evid…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kellogg v. Found, 376 So. 2d 1168 (Fla. 5th DCA 1979)
- Franco v. State, 376 So. 2d 1168 (Fla. 3d DCA 1979)
- Commerford v. State, 728 So. 2d 796 (Fla. 4th DCA 1999)
- Moore v. Bonita Lee Moore, 659 So. 2d 370 (Fla. 3d DCA 1995)
- Barr v. State, 659 So. 2d 370 (Fla. 5th DCA 1995)