B & B FLORIDA INCORPORATED AND CHICAGO REALTY DEVELOPMENT SERVICE, INC., AS GENERAL PARTNERS OF OCEAN MANOR ASSOCIATES, LTD., A FLORIDA LIMITED PARTNERSHIP, APPELLANTS,
v.
FIRST NATIONAL BANK OF AKRON, TRUSTEE OF A TRUST CREATED BY ITEM III OF THE WILL OF WILLIAM D. ZAHRT, DECEASED, APPELLEE
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SIMONS, STUART M„ Associate Judge.
This is a declaratory action seeking interpretation of a provision of a lease which provides the landlord with certain options as to cancellation of the lease in the event of fire which causes a “rebuilding” or “reconstruction” of the premises rather than a “repair.”
The appeal rests on a determination of whether the work on the building (including work to meet building code requirements) constituted “repair” or “reconstruction.” The trial court considered the evidence and determined that the work done to the building subsequent to the fire constituted “repair” of the building. In reviewing the entire record there was substantial competent evidence upon which the Court reached its decision. Thus, the final judgment for the plaintiff should not be disturbed on appeal. Oceanic International Corp. v. Lantana Boatyard, 402 So. 2d 507 (Fla. 4th DCA 1981).
AFFIRMED.
HURLEY, J., concurs.
DELL, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Zahrt v. Ocean Manor Props., Inc., 613 So. 2d 519 (Fla. 4th DCA 1993)…. This claim gave rise to litigation in which this court ultimately affirmed a trial court holding that appellant's lease was not subject to cancellation due to the extent of the fire damage. B & B Florida, Incorporated v. First Nat’l Bank of Akron, 452 So. 2d 1082 (Fla. 4th DCA 1984). While said litigation was pending, Ocean Manor decided to convert the property into a condominium form of ownership. The amended complaint alleges that Ocean Manor proceeded with the conversion without any notice to appellant in…
Authorities Cited
- Oceanic Int'l Corp. v. Lantana Boatyard, 402 So. 2d 507 (Fla. 4th DCA 1981)