Associate Attorney
In Haedo Transportation Solutions, LLC v. Signature Flight Support, LLC 50 Fla. L. Weekly D1885 (Fla. 3d DCA 2025), Florida’s Third District Court of Appeal affirmed a summary judgment that enforced both exculpatory language and a jury trial waiver clause in an aircraft storage agreement — even though the contract also contained a general non-waiver clause.
The facts: Haedo Transportation contracted with Signature Flight for aircraft storage. Roughly one month later, an employee of Signature Flight allegedly damaged Haedo’s aircraft while towing it. The plaintiff filed a negligence action and demanded a jury trial.
Signature Flight responded with a motion for summary judgment based on contractual exculpatory provisions and a motion to strike Haedo’s demand for jury trial based on a jury trial waiver included in the signed agreement.
The trial court granted summary judgment for the defendant and struck the plaintiff’s jury demand, relying on the contract’s express waiver language.
On appeal, Haedo argued that the trial court erred when striking its demand for jury trial based on the waiver clause.
The Third DCA disagreed. It held that the jury trial waiver was enforceable, as there was no agreement by the parties to waive same in writing.
Takeaway: The waiver of an express provision of a contract that includes a non-waiver clause requiring a writing must be in writing.
At Boatman Ricci, we help clients understand how to draft and enforce contractual waivers — including navigating potential tensions between provisions. Need help evaluating enforceability of contract clauses? Contact our team to ensure your agreement holds up in court.
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