Third Party Beneficiaries

Venezia Lakes Homeowners Association, Inc. v. CSX Transportation, Inc., ___ So. 3d  ___, 35 Fla. L. Weekly D1747 (Fla. 3d DCA 8/4/10)

“Under Florida law, a third party is considered a beneficiary of the contract only if the contracting parties intended . . . primarily and directly [to] benefit the third party.”  In this case, the agreement provided that it should not “operate or be construed as being for the benefit of any third person.”  Therefore, the contract explicitly negated the intent to create third party beneficiaries.