Harrod v. Woodlawn Memorial Park, Inc.
Docket: No. 91-372
Court: District Court of Appeal of Florida; November 6, 1991; Florida; State Appellate Court
R. Wayne Harrod appeals a final summary judgment in favor of Woodlawn Memorial Park, Inc. concerning a six-count complaint related to Woodlawn's failure to accommodate the placement of a private family mausoleum as specified in a handwritten provision on a printed agreement. The trial court granted summary judgment on all counts, but the appellate court affirms in part, reverses in part, and remands for further proceedings. The appellate court specifically reverses the summary judgment regarding Count III, which alleges a violation of the Florida Cemetery Act, Chapter 497 of the Florida Statutes. The relevant statutes prohibit various forms of misconduct in cemetery operations, including fraud and misrepresentation. Civil remedies for violations include actual damages or a minimum of $500, along with potential punitive damages. The appellate court finds that there are genuine issues of material fact regarding whether Woodlawn's conduct violated the statutes, warranting further examination of Count III. The decision to reverse and remand allows for further proceedings on this count while affirming the summary judgment on the remaining counts. Harrod sought either damages or specific performance of the agreement but did not request rescission.