CHERIE B. GARDNER, APPELLANT,

v.

VOLUSIA COUNTY, FLORIDA, ET AL., APPELLEES

Citator

Cited By (20 total)

• Acceleration Nat'l Serv. Corp. v. Brickell Fin. Servs. Motor Club, Inc., 541 So. 2d 738 (Fla. 3d DCA 1989)
  …act must be ambiguous or unclear. Hurt v. Leatherby Insurance Co., 380 So. 2d 432 (Fla.1980); Boat Town U.S.A., Inc. v. Mercury Marine Division of Brunswick Corp., 364 So. 2d 15 (Fla. 4th DCA 1978); Gulf Cities Gas Corp. v. Tangelo Park Service Co., 253 So. 2d 744 (Fla. 4th DCA 1971). In the absence of an ambiguity on the face of a contract, it is well settled that the actual language used in the contract is the best evidence of the intent of the parties, and the plain meaning of that language controls. Hurt…
• Boat Town U. S. A., Inc. v. Mercury Marine Div. OF Brunswick Corp., 364 So. 2d 15 (Fla. 4th DCA 1978)
  …ction of Dade County v. Fred Howland, Inc., 243 So. 2d 221 (Fla.3d DCA 1971). The ambiguity must exist on the face of the document itself before extrinsic matters may be considered by the court. Gulf Cities Gas Corp. v. Tangelo Park Service Company, 253 So. 2d 744 (Fla.4th DCA 1971). In the instant case, there is no assertion, nor could any be substantiated, that ambiguities exist in the terms of the contract. Thus, the interpretation clause of the contract has no effect and does not provide an explicit choi…
• Jacobs v. Petrino, 351 So. 2d 1036 (Fla. 4th DCA 1976)
  …intended to contract with respect to the matter, the court should not, under the guise of construction, impose contractual rights and duties on the parties which they themselves omitted.” Gulf Cities Gas Corporation v. Tángelo Park Service Company, 253 So. 2d 744 (Fla.App.4 1971). Accordingly, the final judgment entered in favor of appellees-plaintiffs, Patrick A. Petrino, Olympia E. Petrino and Christine Romanello, is reversed and the cause remanded to the trial court with directions to enter final judgmen…

Authorities Cited

• McCLUNG v. McCAULEY, 238 So. 2d 667 (Fla. 4th DCA 1970)