USAmeriBank v. Klepal

I respectfully dissent. The garnishment provision in the contract consists of one sentence and it neither mentions the term “waive” nor the head-of-family exemption, and it does not state or imply that the consumer, by signing the contract, is waiving a statutory right to such an exemption. Courts cannot, under the guise of contract construction, insert language into a contact that the drafter did not include. Discover Prop. & Cas. Ins. Co. v. Beach Cars of West Palm, Inc., 929 So.2d 729, 732 (Fla. 4th DCA 2006); see Union Bankers Ins. Co. v. DiPaolo, 627 So.2d 1207, 1208 (Fla. 4th DCA 1993)…