JM FAMILY ENTERPRISES, INC., ET AL., APPELLANT,
v.
WINTER PARK IMPORTS, INC., ET AL., APPELLEE
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The court affirmed the lower court's decision, holding that exculpatory clauses attempting to prospectively insulate a party from liability for violating statutes enacted to protect the public are generally unenforceable as against public policy.
A release or exculpatory clause that attempts to prospectively insulate a party from liability for violating a statute or ordinance enacted to protect the public is generally unenforceable as against public policy.
[1] A release or exculpatory clause that prospectively insulates a party from liability for violating a statute or ordinance enacted to protect the public is generally unenfo…
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AFFIRMED. See Loewe v. Seagate Homes, Inc., 987 So.2d 758, 760 (Fla. 5th DCA 2008) (a release or exculpatory clause that attempts to prospectively insulate a party from liability for violating a statute or ordinance enacted to protect the public is generally unenforceable as against public policy); VoiceStream Wireless Corp. v. U.S. Communications, Inc., 912 So.2d 34, 38 (Fla. 4th DCA 2005) (“a party cannot waive liability imposed by statutory provisions that are intended to protect both an individual and the public because to do so would be contrary to public policy”); Holt v. O’Brien Imports of Fort Myers, Inc., 862 So.2d 87, 89 (Fla. 2d DCA 2003) (“[A]n individual cannot waive the protection of a statute that is designed to protect both the public and the individual.”) (quoting Coastal Caisson Drill Co. v. Am. Cas. Co., 523 So.2d 791, 793 (Fla. 2d DCA 1988), approved, 542 So.2d 957 (Fla.1989)); see also, 11 Fla. Jur.2d Contracts § 126 (“[W]here public policy would be frustrated by permitting the enforcement of an exculpatory clause that effectively immunizes a party from liability from breach of a positive statutory duty to protect the well-being of others, the exculpatory clause will not be enforced.”); Torres v. Offshore Professional Tour, Inc., 629 So.2d 192, 194 (Fla. 3d DCA 1993) (same); John’s Pass Seafood Co. v. Weber, 369 So.2d 616, 618 (Fla. 2d DCA 1979) (same).
GRIFFIN, LAWSON and COHEN, JJ., concur.
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Winter Park Imports, Inc. v. JM Fam. Enters., 66 So. 3d 336 (Fla. 5th DCA 2011)…jected the offers. Subsequently, the plaintiff successfully obtained a summary judgment on the counterclaims brought by JM Family and Southeast Toyota. That order was affirmed by this court. See JM Family Enters., Inc. v. Winter Park Imports, Inc., 10 So. 3d 1133 (Fla. 5th DCA 2009). The trial court later entered a summary final judgment in favor of the defendants on plaintiffs third amended complaint. That decision was also affirmed by this court. See Winter Park Imports, Inc. v. JM Family Enters., Inc., 24…
Authorities Cited
- Am. Cas. Co. v. Coastal Caisson Drill Co., 542 So. 2d 957 (Fla. 1989)
- Voicestream Wireless Corp. v. U.S. Commc'ns, Inc., 912 So. 2d 34 (Fla. 4th DCA 2005)
- Coastal Caisson Drill Co., Inc. v. Am. Cas. Co. of Reading, 523 So. 2d 791 (Fla. 2d DCA 1988)
- Holt v. O'Brien Imports OF Fort Myers, Inc., 862 So. 2d 87 (Fla. 2d DCA 2003)
- John's Pass Seafood Co. v. Weber, 369 So. 2d 616 (Fla. 2d DCA 1979)
- Loewe v. Seagate Homes, Inc., 987 So. 2d 758 (Fla. 5th DCA 2008)
- Nestor Torres and Donna Torres v. Offshore Prof'l Tour, Inc., 629 So. 2d 192 (Fla. 3d DCA 1993)