Legal Opinion

Wilson v. Terwillinger

District Court of Appeal of Florida

Decided June 20, 2014No. 5D13-1478PublishedCited by 7 opinions

1Opinion of the CourtSawaya, J.

We answer a question certified by the Brevard County Court as a matter of great public importance.1 The query posed is

[wjhether an addendum, providing for liquidated damages or an early termination fee, as provided in the rental agreement, in the form set forth in § 83.595(4), Fla. Stat., constitutes a valid, binding obligation, where the parties’ lease, in the form approved by the Florida Supreme Court and The Florida Bar, omits any reference to liquidated damages or an early termination fee.

The county court answered “No,” concluding that in addition to the provision of liquidated damages in…

2Cases cited10 opinions

  1. Taylor v. American National BankSupreme Court of Florida · 1912
  2. Whitley v. Royal Trails PropertyDistrict Court of Appeal of Florida · 2005
  3. Mnemonics, Inc. v. Max Davis Associates, Inc.District Court of Appeal of Florida · 2002
  4. Popwell v. AbelDistrict Court of Appeal of Florida · 1969
  5. Citicorp Real Estate v. AMERIPALMS 6B GPDistrict Court of Appeal of Florida · 1994

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3Cited by7 opinions

  1. Life Care Ponte Vedra, Inc. v. WuDistrict Court of Appeal of Florida · 2015
  2. Krol v. FCA US, LLCDistrict Court of Appeal of Florida · 2019
  3. Deepak Raj v. Brett Sutherlin, as Personal Representative of the Estate of George A. SutherlinDistrict Court of Appeal of Florida · 2026
  4. JPJ SERVICES LLC v. NEW HAMPSHIRE INSURANCE COMPANYDistrict Court, S.D. Florida · 2022
  5. Krol v. FCA US, LLCDistrict Court of Appeal of Florida · 2019

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