GAINES CONSTRUCTION COMPANY, A FLORIDA CORPORATION, PETITIONER,

v.

JAMES SOTTILE, JR., RESPONDENT

Citator

Cited By

• Plumpton v. Cont'l Acreage Dev. Co., Inc., 830 So. 2d 208 (Fla. 5th DCA 2002)
  …world to the days present.” It is well-established that this type of all-inclusive language will bar all claims which have matured prior to executing the release. See Sottile v. Gaines Construction Co., 281 Sq.2d 558 (Fla. 3d DCA 1973) rev. denied, 289 So. 2d 737 (Fla.1974), receded from on other grounds, Brown v. Brown, 432 So. 2d 704 (Fla. 3d DCA 1983) (holding that release barring “all ... claims ... from the beginning of the world to the day of the date of these presents” will generally be regarded as em…
• Ciliberti v. Conchita Ciliberti & Dade Sav. & Loan Ass'n, 416 So. 2d 48 (Fla. 3d DCA 1982)
  …d the general release approved by the court in the dissolution proceeding. The release could not include a claim which had not matured at the time of its execution. Sottiie v. Gaines Construction Co., 281 So. 2d 558 (Fla. 3d DCA 1973), cert. denied, 289 So. 2d 737 (Fla.1974). In addition, the court erred in considering as the basis for dismissal affirmative defenses which did not appear on the face of the pleadings. Pizzi v. Central Bank & Trust Co., 250 So. 2d 895 (Fla.1971); Stern v. First National Bank of…
• Boyd v. Int'l Fid. Ins. Co., 412 So. 2d 944 (Fla. 3d DCA 1982)
  …iction; the defense of failure to comply with the statutory condition must be asserted or the condition is waived. See Dober v. Worrell, 401 So. 2d 1322 (Fla.1981); Sotille v. Gaines Construction Co., 281 So. 2d 558 (Fla. 3d DCA 1973), cert. denied, 289 So. 2d 737 (Fla.1974); Fla. R.Civ.P. 1.140(b). Affirmed. . 903.14 Contracts to indemnify surities.— (1) A surety shall file with the bond an affidavit stating the amount and source of any security or consideration which he or anyone for his use has rece…

Authorities Cited

• Sottile v. Gaines Constr. Co., 281 So. 2d 558 (Fla. 3d DCA 1973)