DEAN RODERICK SPEER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Ferreira v. Home Depot/Sedgwick CMS, 12 So. 3d 866 (Fla. 1st DCA 2009)
  …008). Contracts are to be construed in accordance with the plain meaning of the words contained therein, and it is never the role of a trial court to rewrite a contract to make it more reasonable for one of the parties. See Churchville v. GACS Inc., 973 So. 2d 1212, 1216 (Fla. 1st DCA 2008). Although the agreement clearly provides that Claimant is solely responsible for administering the MSA, and satisfying any requirements of CMS (a proposition Claimant does not contest), nothing in the agreement requires Cl…
• Marin v. Aaron's Rent TO OWN and Broadspire, 53 So. 3d 1048 (Fla. 1st DCA 2010)
  …Cf. Salinas v. C.A.T. Concrete, LLC, 46 So. 3d 600 (Fla. 1st DCA 2010) (explaining legal bases for voiding stipulations). It is never a court’s function to rewrite the terms of an agreement to make it more reasonable. See Churchville v. GACS Inc., 973 So. 2d 1212, 1216 (Fla. 1st DCA 2008). The JCC effectively rewrote the terms of the stipulation to require that the E/C would provide a physia-trist in Columbia “upon referral” from Claimant’s authorized treating orthopedist. The joint stipulation of the partie…
• Rotta v. Rotta, 34 So. 3d 107 (Fla. 3d DCA 2010)
  …y not rewrite a contract or interfere with the freedom of contract or substitute their judgment for that of the parties thereto in order to relieve one of the parties from the apparent hardship of an improvident bargain.”); Churchville v. GACS Inc., 973 So. 2d 1212, 1216 (Fla. 1st DCA 2008) (“It is never the role of a trial court to rewrite a contract to make it more reasonable for one of the parties or to relieve a party from what turns out to be a bad bargain.”) (citing Barakat v. Broward County Hous. Auth.,…

Authorities Cited

• Grice v. State, 967 So. 2d 957 (Fla. 1st DCA 2007)