Levine v. A. Madley Corp., No. BS-10

CourtCourt of Appeal of Florida (US)
Writing for the CourtWIGGINTON
Citation12 Fla. L. Weekly 2881,516 So.2d 1101
Parties12 Fla. L. Weekly 2881 Jacquelynne Dale Fountain LEVINE, Appellant, v. A. MADLEY CORPORATION and Carlyle & Company Jewelers, Appellees.
Docket NumberNo. BS-10
Decision Date17 December 1987

Page 1101

516 So.2d 1101
12 Fla. L. Weekly 2881
Jacquelynne Dale Fountain LEVINE, Appellant,
v.
A. MADLEY CORPORATION and Carlyle & Company Jewelers, Appellees.
No. BS-10.
District Court of Appeal of Florida,
First District.
Dec. 17, 1987.

Page 1102

James J. Richardson, of Richardson Law Offices, P.A., Tallahassee, for appellant.

Bruce W. Robinson, of Brannon, Brown, Haley, Robinson & Cole, P.A., Lake City, for appellee A. Madley Corp.

Leslie A. Dent, L. Traywick Duffie, and John P. Campbell, of Hansell & Post, Atlanta, Ga., for appellee Carlyle & Co. Jewelers.

WIGGINTON, Judge.

Before us is an appeal from a final summary judgment entered on the affirmative defense of release. We reverse.

Appellant filed her complaint below alleging negligence in the administration of a polygraph examination conducted by appellee A. Madley Corporation, an agent of appellant's employers, appellee Carlyle & Company Jewelers. In their answers and motions for summary judgment, appellees advanced an affirmative defense of release based upon a general release executed by appellant prior to her taking the polygraph examination. Appellant filed an affidavit in opposition to the motions for summary judgment claiming that it was at all times understood between the parties that the polygraph would be administered in a professional, non-negligent manner. To the contrary, appellant claimed in the affidavit that the examination was given in a threatening, intimidating, and abusive manner, and was further negligently performed and not done in accordance with accepted polygraph techniques. Appellee A. Madley Corporation had earlier filed a request for admissions requesting appellant to admit that the "Consent And Release" attached to its answer was a true and correct copy of the consent and release signed by appellant. Appellant did not respond to this request thereby admitting that to be true. See Fla.R.Civ.P. 1.370(a). Summary judgment was thereafter entered on the basis that there was no genuine material issue of fact on the issues framed by the pleadings.

On appeal, appellant argues that her affidavit raised at least two issues of material fact: (1) whether there existed conditions precedent to her consent and release; and (2) whether the conditions precedent were intentionally and negligently breached by the appellees. She maintains that appellees did not satisfy their burden of proof as to the nonexistence of any material question of fact and that in granting...

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11 practice notes
  • Sun Trust Bank v. Sun International Hotels, Ltd., No. 00CV3741.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • December 10, 2001
    ...120 (Fla. 4th DCA 1997); Hertz v. David Klein Manufacturing, Inc., 636 So.2d 189 (Fla. 3rd DCA 1994);Levine v. A. Madley Corporation, 516 So.2d 1101 (1987). However, as plaintiff's own cases make clear, exculpatory provisions which attempt to relieve a party of liability for their own negli......
  • Sanislo v. Give Kids the World, Inc., No. SC12–2409.
    • United States
    • United States State Supreme Court of Florida
    • February 12, 2015
    ...is in direct conflict with the decisions of the First, Second, Third, and Fourth District Courts of Appeal in Levine v. A. Madley Corp., 516 So.2d 1101 (Fla. 1st DCA 1987) ; Van Tuyn v. Zurich Am. Ins. Co., 447 So.2d 318 (Fla. 4th DCA 1984) ; Goyings v. Jack & Ruth Eckerd Found., 403 So.2d ......
  • Ucf Athletics Ass'n Inc. v. Plancher, No. 5D11–2710.
    • United States
    • Court of Appeal of Florida (US)
    • September 6, 2013
    ...Inc., 920 So.2d 61 (Fla. 2d DCA 2005); Witt v. Dolphin Research Ctr., Inc., 582 So.2d 27 (Fla. 3d DCA 1991); Levine v. A. Madley Corp., 516 So.2d 1101 (Fla. 1st DCA 1987); Van Tuyn v. Zurich Am. Ins. Co., 447 So.2d 318 (Fla. 4th DCA 1984), this court has repeatedly rejected the need for exp......
  • UCF Athletics Ass'n Inc. v. Plancher, Case No. 5D11-2710
    • United States
    • Court of Appeal of Florida (US)
    • August 16, 2013
    ...920 So. 2d 61 (Fla. 2d DCA 2005); Witt v. Dolphin Research Ctr., Inc., 582 So. 2d 27 (Fla. 3d DCA 1991); Levine v. A. Madley Corp., 516 So. 2d 1101 (Fla. 1st DCA 1987); Van Tuyn v. Zurich Am. Ins. Co., 447 So. 2d 318 (Fla. 4th DCA 1984), this court has repeatedly rejected the need for expre......
  • Request a trial to view additional results
11 cases
  • Sun Trust Bank v. Sun International Hotels, Ltd., No. 00CV3741.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • December 10, 2001
    ...120 (Fla. 4th DCA 1997); Hertz v. David Klein Manufacturing, Inc., 636 So.2d 189 (Fla. 3rd DCA 1994);Levine v. A. Madley Corporation, 516 So.2d 1101 (1987). However, as plaintiff's own cases make clear, exculpatory provisions which attempt to relieve a party of liability for their own negli......
  • Sanislo v. Give Kids the World, Inc., No. SC12–2409.
    • United States
    • United States State Supreme Court of Florida
    • February 12, 2015
    ...is in direct conflict with the decisions of the First, Second, Third, and Fourth District Courts of Appeal in Levine v. A. Madley Corp., 516 So.2d 1101 (Fla. 1st DCA 1987) ; Van Tuyn v. Zurich Am. Ins. Co., 447 So.2d 318 (Fla. 4th DCA 1984) ; Goyings v. Jack & Ruth Eckerd Found., 403 So.2d ......
  • Ucf Athletics Ass'n Inc. v. Plancher, No. 5D11–2710.
    • United States
    • Court of Appeal of Florida (US)
    • September 6, 2013
    ...Inc., 920 So.2d 61 (Fla. 2d DCA 2005); Witt v. Dolphin Research Ctr., Inc., 582 So.2d 27 (Fla. 3d DCA 1991); Levine v. A. Madley Corp., 516 So.2d 1101 (Fla. 1st DCA 1987); Van Tuyn v. Zurich Am. Ins. Co., 447 So.2d 318 (Fla. 4th DCA 1984), this court has repeatedly rejected the need for exp......
  • UCF Athletics Ass'n Inc. v. Plancher, Case No. 5D11-2710
    • United States
    • Court of Appeal of Florida (US)
    • August 16, 2013
    ...920 So. 2d 61 (Fla. 2d DCA 2005); Witt v. Dolphin Research Ctr., Inc., 582 So. 2d 27 (Fla. 3d DCA 1991); Levine v. A. Madley Corp., 516 So. 2d 1101 (Fla. 1st DCA 1987); Van Tuyn v. Zurich Am. Ins. Co., 447 So. 2d 318 (Fla. 4th DCA 1984), this court has repeatedly rejected the need for expre......
  • Request a trial to view additional results

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