POSEY

v.

ABER COMPANY

Citator

Cited By

• Royal Cont'l Hotels, Inc. v. Broward Vending, Inc., 404 So. 2d 782 (Fla. 4th DCA 1981)
  …Development Co. v. Floridagold Citrus Corporation, 51 So. 2d 435 (Fla.1951). The paramount concern in construing contacts is the intention of the parties. Hughes v. Professional Insurance Corporation, 140 So. 2d 340 (Fla. 1st DCA 1962), cert. denied 146 So. 2d 377 (Fla.1962); McDonald v. Connell, 158 So. 2d 780 (Fla. 2nd DCA 1963). The intent of the parties is derived from the language of the contract when such language is with [*784] out ambiguity; however, if an ambiguity exists, parol evidence is properly…
• Dune I, Inc. v. Palms N. Owners Ass'n, Inc., 605 So. 2d 903 (Fla. 1st DCA 1992)
  …d States Fidelity & Guar. Co. of Baltimore, Md., 88 So. 2d 888 (Fla.1956). It is a cardinal rule of contract construction that the intention of the parties governs. Hughes v. Professional Ins. Corp., 140 So. 2d 340, 345 (Fla. 1st DCA), cert. denied, 146 So. 2d 377 (Fla.1962). The need for judicial interpretation does not arise if the contract language is clear. If, however, the contract language is unclear and ambiguous, the court may receive extrinsic evidence regarding the contract for the purpose of determ…
• Terex Trailer Corp. v. McILWAIN, 579 So. 2d 237 (Fla. 1st DCA 1991)
  …of specific performance. The construction of a contract, including an appropriate remedy in the event of breach, is governed by the intention of the parties. Hughes v. Professional Insurance Corp., 140 So. 2d 340, 345 (Fla. 1st DCA), cert. denied, 146 So. 2d 377 (Fla.1962). Where the language of the agreement is clear and unambiguous, the court cannot give it any meaning beyond that expressed. Peeples Construction Co. v. Escoe Green, Inc., 522 So. 2d 493 (Fla. 1st DCA 1988); Bay Management, Inc. v. Beau Mon…