YAVOR EFREMOV v. MOTORSPORT NETWORK, LLC, etc.

• Court: District Court of Appeal of Florida
• Decided: February 15, 2023
• Docket: 22-0138
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 15, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-138 Lower Tribunal No. 21-7112 ________________

Yavor Efremov, Appellant,

vs.

Motorsport Network, LLC, etc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.

Clarke Silverglate, P.A., and Craig Salner and Karen H. Curtis, for appellant.

AXS Law Group, PLLC, and Jeffrey W. Gutchess, for appellee.

Before LOGUE, SCALES, and BOKOR, JJ.

PER CURIAM.

We find no error in the trial court’s determination that the contract terms

at issue warranted the granting of the Appellee’s motion for summary judgment. Shivdasani v. Universal Prop. & Cas. Ins. Co., 306 So. 3d 1156,

1160 (Fla. 3d DCA 2020) (“Courts cannot disregard … agreed-upon,

contractual provisions between parties. To do so would be to strike the …

obligations from the contract by way of judicial fiat and the bargained-for

contractual terms would be rendered surplusage.”).

In addition, we find no abuse of discretion in the trial court’s denial of

Appellant’s motion to amend its complaint. In the last weeks before the

summary judgment hearing, Appellant sought to add counts maintaining that

the contract provisions he had relied upon in the litigation up to that point in

time did not reflect the parties’ intent and must be reformed on account of

mutual or unilateral mistake. The trial court properly found that the

amendment would be both untimely and futile. Vella v. Salaues, 290 So. 3d

946, 949 (Fla. 3d DCA 2019). Accordingly, we affirm the well-reasoned

judgment of the trial court.