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Festival Fun Parks, LLC, Appellant, v. Oceaneering International, Inc., Appellee.
Affirmed. See Cordis Corp. v. Sonics Intern., Inc., 427 So. 2d 782, 783 (Fla. 3d DCA 1983) (“The law draws a distinction ․ between assignment of performance due under a contract and assignment of the right to receive contractual payments.” (quoting Charles L. Bowman & Co., v. Erwin, 468 F.2d 1293, 1297 (5th Cir. 1972))); In re Freeman, 232 B.R. 497, 502 (Bankr. M.D. Fla. 1999); see also In re Sunshine Jr. Stores, Inc., 456 F.3d 1291, 1309 (11th Cir. 2006) (“Normally, an assignment involves only the assignee's acquisition of rights under a contract and not the assignor's obligations, unless it is found that the assignment was also a novation.”) (citing Sans Souci v. Div. Fla. Land Sales & Condos., 448 So. 2d 1116, 1120 (Fla. 1st DCA 1984)); id. (“Under Florida law,[] an assignor cannot relieve himself of his obligations [under a contract] by an assignment unless the party with whom he contracted agrees to accept the responsibility of the assignee.”) (quotation omitted); Restatement (Second) of Contracts § 318(3) (1981) (“Unless the obligee agrees otherwise, neither delegation of performance nor a contract to assume the duty made with the obligor by the person delegated discharges any duty or liability of the delegating obligor.”); id. at § 318 cmt. D. (“An obligor is discharged by the substitution of a new obligor only if the contract so provides or if the obligee makes a binding manifestation of assent, forming a novation.”).
PER CURIAM.
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Docket No: No. 3D24-0490
Decided: November 26, 2025
Court: District Court of Appeal of Florida, Third District.
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