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SUNNY ISLES MARINA, INC. v. ADULAMI

No. 97-1746.

706 So.2d 920 (1998)

SUNNY ISLES MARINA, INC., Appellant, v. Avi ADULAMI, Robert R. Alexander, Alceu G. Aragao, Mark Avner, Joseph M. Aycock, Moises Azeraff, Maurice Bendayan, Philip Berlach, Stanley Beylin, Louis Birdman, Appellees.

District Court of Appeal of Florida, Third District.

February 18, 1998.

Attorney(s) appearing for the Case

Hayden and Milliken, P.A. and William B. Milliken, Miami, for appellant.

Conrad, Scherer & Jenne and Linda R. Spaulding, Ft. Lauderdale; Canning, Murray & Peltz, P.A., and David R. Canning, and James D. Dechurch, Miami; William E. Cassidy and Michael C. Black, Miami, for appellees.

Before JORGENSON, LEVY and GREEN, JJ.

GREEN, Judge.

At issue before us is whether exculpatory provisions contained in the boat storage agreements between Sunny Isles Marina, Inc. ("Sunny Isles") and the appellees/boat owners are enforceable so as to absolve Sunny Isles from claims of negligence. We conclude that these provisions are ambiguous and thus unenforceable. We therefore affirm the final order which denied Sunny Isles' motion for summary judgment and dismissed its complaint for declaratory relief...

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