Anti-Waiver Contractual Provisions Serve a Purpose

An anti-waiver provision in a contract reads something like, “Except as otherwise expressly provided herein, no waiver of any rights or obligations hereunder shall be deemed to have occurred unless in writing signed by the party against whom such waiver is asserted and no waiver shall be deemed a waiver of any other or subsequent right or obligation.”  See Overland Fuels, infra. These provisions serve a legitimate purpose. A recent case demonstrates. In Overseas Fuels, LLC v. Key Largo Petro, LLC, 2026 WL 22507039 (Fla. 4th DCA 2026), the losing party appealed a summary judgment. A focus of the appeal was...