Quick Note: Interpretation of a Contract (Policy) is for the Court, Not the Jury

The construction / interpretation of a contract including an insurance policy is a question of law. This means it is for the court, not the jury, to interpret a contract. While there are times parties may prefer to delegate this responsibility to a jury, this is not allowed. In a recent property insurance coverage dispute, the insured, over the insurer's objection, was able to get jury instructions instructing to the jury regarding the interpretation of the insurance policy. On appeal, the appellate remanded the case back to the trial court for a new trial, as the interpretation of the policy...

28 June

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Condominium’s Declaration is a Contract

Posted by David Adelstein

in Trial Perspectives

A condominium’s declaration is a contract. As a unit owner, it serves as your contract and will govern your rights with your condominium association. Just like any contract, disputes arise between a unit owner and the association regarding the interpretation of the declaration. And, no different than any contract, the interpretation of a declaration is reviewed under a de novo standard of appellate review. See Lenzi v. The Regency Tower Ass’n, 43 Fla.L.Weekly D1397a (Fla. 4th DCA 2018). Lenzi serves as an example of a dispute involving a condominium unit owner and his association regarding the interpretation of a provision in...

24 July

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Appealing Trial Court’s Interpretation of Contract

Posted by David Adelstein

in Appeal, Standard of Review

Many disputes turn on the interpretation of a contract, contractual term, or written document. When the trial court rules on the interpretation, there will typically be a party that disagrees with the court’s interpretation. In these instances, this party will appeal the trial court’s interpretation. There is a value to appeal because the appellate standard of review is de novo meaning the appellate court will review the trial court’s record anew without giving deference to the trial court’s interpretation. The interpretation of a written contract is a question of law and the appellate court construes the contract under a de novo...

21 March

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Know Your Standard of Appellate Review Regarding the Admissibility of Evidence

Posted by David Adelstein

in Appeal, Standard of Review, Uncategorized

The standard of appellate review regarding the trial court’s admissibility of evidence is an abuse of discretion. See Vavrus v. City of Palm Beach Gardens, 927 So.2d 992 (Fla. 4th DCA 2006); Castaneda ex rel. Cardona v. Redlands Christian Migrant Ass’n, Inc., 884 So.2d 1087 (Fla. 4th DCA 2004). Naturally, a party needs to preserve this issue by objecting to the admissibility of the evidence. If a trial court sustains an objection and excludes the evidence, the party trying to introduce the evidence should make a proffer / offer of proof. On the other hand, the standard of review for the trial court’s...