JM Fam. Enter., Inc. v. Winter Park Imports, Inc., 10 So. 3d 1133 (Fla. 5th DCA 2009). · Go Syfert
JM Fam. Enter., Inc. v. Winter Park Imports, Inc., 10 So. 3d 1133 (Fla. 5th DCA 2009). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: Whitehead v. City of Oakland (cal, 2025-05-01)
Top citers, strongest first. 2 distinct citers.
discussed Cited as authority (rule) Whitehead v. City of Oakland (2×)
Cal. · 2025 · confidence medium
(See, e.g., Miller v. Crested Butte, LLC (Colo. 2024) 549 P.3d 228 , 235–236 [“settled precedent from this court has established that a party cannot discharge its obligation to perform a statutory duty by way of an exculpatory agreement”]; JM Family Enterprises, Inc. v. Winter Park Imports, Inc. (Fla.Dist.Ct.App. 2009) 10 So.3d 1133, 1133 (per curiam) [“a release or exculpatory clause that attempts to 10 WHITEHEAD v. CITY OF OAKLAND Opinion of the Court by Evans, J. prospectively insulate a party from liability for violating a statute or ordinance enacted to protect the public is gener…
cited Cited "see" Winter Park Imports, Inc. v. JM Family Enterprises
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See JM Family Enters., Inc. v. Winter Park Imports, Inc., 10 So.3d 1133 (Fla. 5th DCA 2009).
JM FAMILY ENTERPRISES, INC., Et Al., Appellant,
v.
WINTER PARK IMPORTS, INC., Et Al., Appellee
5D07-2138.
District Court of Appeal of Florida, Fifth District.
May 8, 2009.
10 So. 3d 1133
Dean Bunch and C. Everett Boyd, Jr., of Sutherland Asbill & Brennan LLP, Tallahassee, and John E. Joiner and Juli Ann Lund of Williams & Connolly LLP, Washington, DC, for Appellants., Ladd H. Fassett and Phil A. D’Aniello of Fassett, Anthony & Taylor, P.A., Orlando, and John W. Forehand of Lewis, Longman & Walker, P.A., Tallahassee, for Appellee.
Griffin, Lawson, Cohen.
Cited by 2 opinions  |  Published
PER CURIAM.

AFFIRMED. See Loewe v. Seagate Homes, Inc., 987 So.2d 758, 760 (Fla. 5th DCA 2008) (a release or exculpatory clause that attempts to prospectively insulate a party from liability for violating a statute or ordinance enacted to protect the public is generally unenforceable as against public policy); VoiceStream Wireless Corp. v. U.S. Communications, Inc., 912 So.2d 34, 38 (Fla. 4th DCA 2005) (“a party cannot waive liability imposed by statutory provisions that are intended to protect both an individual and the public because to do so would be contrary to public policy”); Holt v. O’Brien Imports of Fort Myers, Inc., 862 So.2d 87, 89 (Fla. 2d DCA 2003) (“[A]n individual cannot waive the protection of a statute that is designed to protect both the public and the individual.”) (quoting Coastal Caisson Drill Co. v. Am. Cas. Co., 523 So.2d 791, 793 (Fla. 2d DCA 1988), approved, 542 So.2d 957 (Fla.1989)); see also, 11 Fla. Jur.2d Contracts § 126 (“[W]here public policy would be frustrated by permitting the enforcement of an exculpatory clause that effectively immunizes a party from liability from breach of a positive statutory duty to protect the well-being of others, the exculpatory clause will not be enforced.”); Torres v. Offshore Professional Tour, Inc., 629 So.2d 192, 194 (Fla. 3d DCA 1993) (same); John’s Pass Seafood Co. v. Weber, 369 So.2d 616, 618 (Fla. 2d DCA 1979) (same).

GRIFFIN, LAWSON and COHEN, JJ., concur.