Florida/Georgia Personal Injury & Workers Compensation

...Because the wording of the agreement is ambiguous, its interpretation involves questions of fact, which preclude summary judgment. See, e.g., Yardum v. Scalese, 799 So.2d 382, 383 (Fla. 4th DCA 2001). We agree with appellee that the disclosures set forth in section 494.00421, Florida Statutes (2000), were not required in this transaction because appellee was not acting within the context of a "mortgage brokerage business" and did not contract to receive a "mortgage brokerage fee" within the meaning of the definitions set forth in section 494.001, Florida Statutes (2000). Ieracitano and Blue Paper argue that disclosure pursuant to section 494.00421 was required because the section contained the phrase "[n]otwithstanding the provisions of ss. 494.001-494.0077." They read this language to mean that the section 494.001 definitions do not apply to section 494.0042....

...es." Jordan v. Food Lion, Inc., 670 So.2d 138, 140 (Fla. 1st DCA 1996). Section 494.001 commences with the phrase "[a]s used in ss. 494.001-494.0077," indicating that the section's 29 definitions are to be applied through section 494.0077, including section 494.00421. Section 494.00421 uses two phrases specifically defined *789 at subsections 494.001(16) & (17)— "mortgage brokerage business" and "mortgage brokerage fee." The definitions of these two terms requires reference to the definition of the phrase "act as a mortgage broker" at section 494.001(3). It is highly unlikely that the legislature would impose specific disclosure requirements in section 494.00421 without reference to the section 494.001 statutory definitions which determine when the disclosures are required. This approach would leave it to case law to develop a parallel universe of definitions for the two terms under section 494.00421, apart from the definitions in section 494.001, a development which would unnecessarily complicate the law. We therefore read the "notwithstanding" clause of section 494.00421 as precluding the application of any contrary substantive provision of sections 494.001-494.0077, but not excluding the definitions contained in section 494.001....

...lementary. The Millmans argue that the master was correct, or alternatively that a lien arises on the date of filing of proceedings supplementary, not the date of service. [9] Repealed by ch. 91-245, § 51, Laws of Fla. (effective Oct. 1, 1991). Cf. § 494.0042, Fla....

494] committed by a licensee or registrant.” § 494.042(2), Fla.Stat. (1989). To the extent relevant to