CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2006 WL 2080385
...mbiguity. Contrary to McManaway's contention, the release might be interpreted as providing for a settlement amount of $59,000. For example, under the Uniform Commercial Code, words prevail over numbers if an instrument contains contradictory terms. § 673.1141, Fla....
...osed to settle a claim for punitive damages, if any; (F) state whether the proposal includes attorneys' fees and whether attorneys' fees are part of the legal claim; and (G) include a certificate of service in the form required by rule 1.080(f). [4] 673.1141....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 17725, 2003 WL 22735473
...Because the ambiguity is patent, no parol or extrinsic evidence is admissible as to the intent of the contract. See, e.g., Ace Elec. Supply Co. v. Terra Nova Elec., Inc.,
288 So.2d 544, 547 (Fla. 1st DCA 1973). It is true that typewritten language trumps printed language. See §
673.1141, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 4964, 2002 WL 561700
...Instead, Coutant’s claim is founded on SunBank’s payment of the check for the amount stated in numeral form, where that amount varied significantly from the amount expressed in lettered form. We have considered, and reject, Coutant’s assertion that section 673.1141, Florida Statutes (2001), creates an independent cause of action. Section 673.1141 provides that, where an instrument contains contradictory provisions, the words prevail over the numerals....
