Mercedes Linares v. Dezerland Park LLC, et al.

Third District Court of Appeal
State of Florida
Opinion filed October 8, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-1650
Lower Tribunal No. 23-8618-CA-01
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Mercedes Linares ,
Appellant,
vs.
Dezerland Park, LLC, et al. ,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Peter R.
Lopez, Judge.
Eaton & Wolk, PL and Daniel R. Schwartz and Douglas F. Eaton, for
appellant.
Kubicki Draper, P.A., and Barbara E. Fox, for appellees Dezerland
Park, LLC and DL Park Holdings, LLC.
Before, GORDO, LOBREE and BOKOR, JJ.
PER CURIAM.

2
Affirmed. 	See Sanislo v. Give Kids the World, Inc., 157 So. 3d 256,
259–62 (Fla. 2015) (holding that broad release language encompassing “any
and all claims and causes of action” clearly and unequivocally included
negligence even though negligence was not specifically enumerated); Urban
Air 	Jacksonville, LLC v. Hinton, 	415 	So. 3d 	1212 	(Fla. 	5th 	DCA 	2025)
(rejecting arguments that a waiver agreement did not cover bathroom slip
and fall where, although bathroom use was not among the enumerated
activities, the agreement broadly encompassed claims arising from use of
the premises and was not constrained to the enumerated activities alone);
Merlien v. JM Family Enters., Inc., 301 So. 3d 1, 5 (Fla. 4th DCA 2020)
(finding no ambiguity existed in a disclaimer that explained “the rights
released,” generally defined “the beneficiaries of that release” as “any
customer” and described “the situations in which this release applies”).