Legal Opinion · Dissent

Giunto v. Florida Coca-Cola Bottling Co.

District Court of Appeal of Florida

Decided October 13, 1999No. 98-2366Published

1DissentSchwartz, Chief Judge

The accepted unilateral offers in this case represent the ultimate in “contracts of adhesion,”4 Pasteur Health Plan, Inc. v. Salazar, 658 So.2d 543 (Fla. 3d DCA 1995), review denied, 666 So.2d 901 (Fla.1996); Hussmann Corp. v. UPS Truck Leasing, Inc., 549 So.2d 215 (Fla. 5th DCA 1989). It is therefore the rule that any ambiguities or conflicts within or between the agreements must be resolved against the draftpersons. See Stuyvesant Ins. Co. v. Butler, 314 So.2d 567 (Fla.1975); Graham v. Scissor-Tail, Inc., 28 Cal.3d 807, 171 Cal.Rptr. 604, 623 P.2d 165 (1981). Applying both this doctrine and…

2Cases cited8 opinions

  1. Graham v. Scissor-Tail, Inc.California Supreme Court · 1981
  2. Stuyvesant Insurance Company v. ButlerSupreme Court of Florida · 1975
  3. ARKY, FREED v. Bowmar Instrument Corp.Supreme Court of Florida · 1988
  4. Ocasio v. BUREAU OF CRIMES, ETC.District Court of Appeal of Florida · 1982
  5. Power v. ChillingworthSupreme Court of Florida · 1927

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