Williams v. M & R Construction Of North Florida, Inc., Case No. 1D19-4518 (Fla. 1st DCA 2020).
Only a “joint creditor” of a husband and wife can execute upon entirities property, and “joint” under Beal Bank, SSB v. Almand& Assocs. 780 So. 2d 45,53 (Fla. 2001), means a creditor who obtained a judgment against husband and wife jointly.Sack v. WSW Rental Of Sarasota, LLC, Case No. 2D19-728 (Fla. 2d DCA 2020).
The measure of damages for harm to chattels is loss of use of the chattel together with “the difference between the value of the chattel before the harm and the valueafter the harm” or “the reasonable cost of repairs or restoration where feasible, with dueallowance for any difference between the original value and the value after repairs.”Escadote I Corporation v. Ocean Three Condominium Association, Inc.,Case No. 3D19-0500 (Fla. 3d DCA 2020).
Summary judgment for the Releasee below is proper as the following release is a general release of all claims and is not limited to pre-existing claims:
[Releasor releases Releasee] of and from any and all property damage claims, actions,causes of action, damages or demands, in whatever nameor nature, in tort, in contract or by statute, in any mannerarisen, arising, or growing out of any property damages,property expenses, or losses sought or claimed, ofwhatever name or nature, past, present, or future, which inany way arise out of or were the result of the propertydamage occurring at [the Unit] from inception untilMarch 24, 2010.his release covers any and all property damage claims ofthe Releasing Party for any consequential damages andexpenses which have arisen, arise, or which may hereafterarise out of the incidents or matters which were alleged in,or could have been alleged in CASE NO.: 06-10808 CA04 . . . except that it does not release claims for futurefailures of the Ocean Three Condominium Association,Inc. to maintain the common elements.
