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· 2/28/2007

Carnival Corp. v. Mendoza

Citations

  • 949 So. 2d 1154
  • 2007 Fla. App. LEXIS 2731
  • 2007 WL 601963

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • court will enforce contract as drafted absent showing of unconscionability, mistake, fraud, or other countervailing policy reason
  • trial court’s factual findings binding on this court unless clearly erroneous in light of all evidence
  • trial court’s factual findings binding on this court unless clearly erroneous in light of all evidence
  • contracts must be enforced as drafted, not enforced to relieve party from difficulties
  • “For a valid modification to exist, there must be mutual assent to the meaning and conditions of the modification and the parties must assent to the same thing in the same sense.”
  • “[i]t is axiomatic that courts do not rewrite contracts for the parties”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Gersten, Green

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.