Applegate v. Cable Water Ski

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008 STEVEN APPLEGATE AND SUZANNE APPLEGATE, ETC., Appellants, v. Case No. 5D07-458 CABLE WATER SKI, L.C., D/B/A ORLANDO, ETC., Appellee. ________________________________/ Opinion filed February 22, 2008 Appeal from the Circuit Court for Orange County, Cynthia Mackinnon, Judge. Robert E. Bonner of Meier, Bonner, Muszynski, O'Dell & Harvey, P.A., Orlando, for Appellants. Lindsey C. Brock, III, and Deborah R. Reid, of Rumrell, Costabel, Warrington & Brock, LLP, Jacksonville, for Appellee. ON MOTION FOR CERTIFICATION PER CURIAM. We grant the Motion for Certification but restate the question as follows: WHETHER A CONTRACT CONTAINING AN EXCULPATORY CLAUSE, SIGNED BY A PARENT ON BEHALF OF HER CHILD, IN FAVOR OF A COMMERCIAL ENTERPRISE, IS ENFORCEABLE TO DEFEAT THE CHILD'S ACTION TO RECOVER FOR PERSONAL INJURIES SUSTAINED BY THE CHILD AS A RESULT OF THE ENTERPRISE'S NEGLIGENCE. We certify that this is a question of great public importance. SAWAYA, TORPY and EVANDER, JJ., concur.