THOMAS LEVINS v. ROLAND PELTIER ( 2021 )


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  •        DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FOURTH DISTRICT
    THOMAS LEVINS,
    Appellant,
    v.
    ROLAND PELTIER,
    Appellee.
    No. 4D21-934
    [December 15, 2021]
    Appeal from the County Court for the Nineteenth Judicial Circuit,
    Martin County; Jennifer Waters, Judge; L.T. Case No. 43-2020-CC-
    000140.
    Thomas Levins, Okeechobee, pro se.
    Elizabeth M. Rodriguez of Ford & Harrison, LLP, Miami, for appellee.
    PER CURIAM.
    Affirmed. See Warren v. Dairyland Ins. Co., 
    662 So. 2d 1387
    , 1388 (Fla.
    4th DCA 1995) (stating that “[i]f an exhibit attached to a complaint negates
    the pleader’s cause of action, the plain language of the document will
    control and may be the basis for a motion to dismiss”); Churchville v. GACS
    Inc., 
    973 So. 2d 1212
    , 1215 (Fla. 1st DCA 2008) (indicating that “[t]he
    validity and effect of a settlement and release are governed by contract
    law”); Custom Marine Sales, Inc. v. Boywic Farms, Ltd., 
    245 So. 3d 791
    ,
    792 (Fla. 4th DCA 2018) (observing that “[w]hen the language of a contract
    is unambiguous, it must be enforced based on its plain language”).
    GROSS, FORST and KUNTZ, JJ., concur.
    *          *          *
    Not final until disposition of timely filed motion for rehearing.
    

Document Info

Docket Number: 21-0934

Filed Date: 12/15/2021

Precedential Status: Precedential

Modified Date: 12/15/2021