DEAN

v.

DEAS

Citator

Cited By

• Sponga v. Warro, 698 So. 2d 621 (Fla. 5th DCA 1997)
  …ms consulted another doctor whose examination revealed a herniated disc was barred from further relief against insurer and could not invalidate release on ground of mutual mistake); Ormsby v. Ginolfi, 107 So. 2d 272 (Fla. 3d DCA 1958), cert. denied, 114 So. 2d 439 (Fla.1959).…
• Broz v. Winn-Dixie Stores, Inc., 512 So. 2d 335 (Fla. 3d DCA 1987)
  …a release may be set aside upon proof that it was executed pursuant to a mistake as to a past or present fact. De Witt v. Miami Transit Co., 95 So. 2d 898, 901 (Fla.1957); Ormsby v. Ginolfi, 107 So. 2d 272, 273-274 (Fla. 3d DCA 1958), cert. denied, 114 So. 2d 439 (Fla.1959). When there is substantial competent evidence that tends to prove that there was a mutual mistake of fact in that the parties to the release believed that the injuries sustained were only of a minor and temporary nature, the question of w…
• Frechter v. K Mart Corp., 578 So. 2d 316 (Fla. 3d DCA 1991)
  …e, the parties were unaware at the time of the execution of the release (a) that the plaintiff had been injured at all, Broz v. Winn-Dixie Stores, 512 So. 2d 335 (Fla. 3d DCA 1987); Ormsby v. Ginolfi, 107 So. 2d 272 (Fla. 3d DCA 1958), cert. denied, 114 So. 2d 439 (Fla.1959), or (b) that the plaintiff had been injured in another part of the body than that which was known at the time the release was signed — that Florida courts have found a mutual mistake sufficient to set aside a release. Boole v. Florida Pow…

Authorities Cited

• City OF Miami v. Graham, 110 So. 2d 730 (Fla. 3d DCA 1959)