HACKETT v. GRAND SEAS RESORT OWNER'S ASS'N

No. 5D11-1836.

93 So.3d 378 (2012)

Richard HACKETT, Appellant, v. GRAND SEAS RESORT OWNER'S ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

June 22, 2012.


Attorney(s) appearing for the Case

Jessie L. Harrell and Rebecca Bowen Creed , of Creed & Gowdy, P.A., Jacksonville, for Appellant.

Diane H. Tutt , of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for Appellee.


MONACO, J.

The sole issue in this appeal is whether the trial court erred in granting a final summary judgment in favor of Grand Seas Resort Owner's Association, Inc. ("Grand Seas") in a negligence action brought by one of the time-share owners at the resort, Richard Hackett. The summary judgment was based on a "release" (actually an exculpatory clause), executed by Mr. Hackett when he began use of a unit within the resort. Because the clause is ambiguous, however...

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