JOSEPH L. SHARPE, FRANCES SHARPE, BARRY A. SHARPE AND JACK D. SHARPE, APPELLANTS/CROSS-APPELLEES,
v.
SENTRY DRUGS, INC., APPELLEE/CROSS-APPELLANT

Fla. 3d DCA | 1987-04-14
No. 86-1166
Before HENDRY, BASKIN and JORGENSON, JJ.
505 So. 2d 618 Florida District Court of Appeal, Third District (1987) Caution
Cited by 10 cases

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Holding

The court held that a lessee's violation of a lease provision by subleasing a small portion of the premises without prior written consent was insufficient to support forfeiture of the entire lease, especially when forfeiture would result in a windfall to the lessor.


Headnotes

[1] A court may relieve a lessee against forfeiture of a lease when enforcing a lessee's default would result in an unconscionable, inequitable, or unjust eviction under the…

[2] A violation of a lease provision, such as an unauthorized sublease of a small portion of the premises, may be insufficient as a matter of law to support forfeiture of the…

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Facts & Procedural History

A lessee subleased approximately 300 square feet of a 4,800 square foot leased shopping center space to a third party in the same line of business wit…

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Opinion of the Court
HENDRY, Judge.

HENDRY, Judge.

This is an appeal and a cross-appeal from an order entering final summary judgment in favor of plaintiffs in a dispute centering around a lease agreement.1 The plaintiffs/lessors contend on appeal that the trial court erred in finding, as a matter of law, that although the defendant/lessee violated a provision of the parties’ lease agreement when it subleased a small portion of the leased premises to a third party without prior written consent, the lessee’s violation was insufficient to support a forfeiture of the original lease. We affirm the judgment of the trial court in all respects.

The pertinent facts are as follows. The lessee occupies 4,800 square feet of lessors’ shopping center pursuant to the original thirty-year lease agreement. The unauthorized sublease allowed a third party in the same line of business as the lessee to occupy approximately 300 square feet of the original premises. The sublease is no longer in effect, as the subtenant vacated the lessors’ premises subsequent to the filing of this lawsuit. A forfeiture would result in a windfall to the lessor because the rental value of the premises has increased substantially since the lease agreement was entered. Under these facts, the trial court found that the sublease was a violation “not sufficient to constitute a forfeiture of the main lease agreement as a matter of law.”

It is well established that both equity and the law abhor forfeitures, and that a court may relieve a lessee against, forfeiture when the effect of enforcing a lessee’s default would result in an unconscionable, inequitable, or unjust eviction under the circumstances. Rader v. Prather, 100 Fla. 591, 130 So. 15 (1930); Smith v. Winn Dixie Stores, Inc., 448 So. 2d 62 (Fla. 3d DCA 1984). In Smith, we affirmed a cir cuit court order relieving a corporate lessee from forfeiture of a long term lease despite the lessee’s violation of an express provision of the lease. There, as in the instant case, the lease provided for forfeiture upon a default for failure to comply with any of the lease’s obligations. We stated:

Under the facts of this case to allow the landlord the right to evict the tenant would be inequitable and unconscionable. This is particularly true when the lease has been of long standing and the breach is of a covenant of relatively minor importance. Hyman v. Cohen, 73 So. 2d 393 (Fla.1954).

448 So. 2d at 63.

In Fowler v. Resash Corp., 469 So. 2d 153 (Fla. 3d DCA), review denied, 479 So. 2d 117 (Fla.1985), we affirmed a final judgment setting aside a forfeiture. There, the trial court reasoned that forfeiture, under circumstances which would result in a windfall benefit to the plaintiffs and great financial loss for defendants, would be manifestly unjust, unconscionable, and inequitable.

Returning to the case at bar, the lessors’ sole contention on appeal is that final summary judgment was improper in light of the competent, substantial evidence before the trial court that the lessee’s violation was willful and persistent. We disagree. Notwithstanding such evidence, the lessee’s act of subleasing a portion of its premises without the lessors’ consent was insufficient, as a matter of law, to support a forfeiture of the parties’ entire lease. See Gergora v. Flynn, 486 So. 2d 5, 7 (Fla. 3d DCA) (Schwartz, C.J., dissenting in part) (violation of lease agreement could not “be deemed more than trivial in any case” and “had no material effect upon the [lessors’] substantial interests so as to justify the extreme remedy of cancellation”), review denied, 500 So. 2d 544 (Fla.1986); see also Smith, 448 So. 2d at 64 (“While it is true equity will interfere where a party is guilty of conduct condemned by honest and reasonable men, it is also true that de minim-is non curat lex”).

The lessee cross-appeals from that portion of the order awarding damages to the lessors in the amount of five hundred dollars. We have carefully considered the arguments and authorities submitted on cross-appeal and conclude that reversible error has not been demonstrated.

Accordingly, the final summary judgment under review is affirmed.

Affirmed.

. The trial judge entered the summary judgment at the pre-trial conference, on his own motion, after having considered the record, the arguments of counsel, and the proffers of evidence to be presented at trial. See Hillsborough County v. Sutton, 150 Fla. 601, 8 So. 2d 401, 402 (1942) (if conference progresses to point of eliminating all questions of fact court may give judgment according to the law on the facts before it.)


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Citator

Cited By

  • Lombard v. Executive Elevator Serv., Inc., 545 So. 2d 453 (Fla. 3d DCA 1989)
    …tisfaction with the expert witness’s testimony went to the weight of the evidence. The summary judgment is reversed and the cause is remanded for a jury trial. . The appellee suggests that we approved this procedure in Sharpe v. Sentry Drugs Inc., 505 So. 2d 618 (Fla. 3d DCA 1987). Sharp is clearly distinguishable because that procedure, apparently, was agreed to, and the evidence before that court was by way of a true proffer rather than compelled testimony, did not involve expert testimony, and required t…
  • Horatio Enters., Inc. v. Rabin, 614 So. 2d 555 (Fla. 3d DCA 1993)
    …ulted in a miscarriage of justice is without record support. Under the facts of this case, there are several reasons why forfeiture of the lease did not “result in an unconscionable, inequitable, or unjust eviction....” Sharpe v. Sentry Drugs, Inc., 505 So. 2d 618, 618 (Fla. 3d DCA 1987). (1) Unlike Tollius v. Dutch Inns of America, Inc., 244 So. 2d 467 (Fla. 3d DCA 1970), cert. denied, 247 So. 2d 437 (Fla.1971), and Fowler v. Resash Corp., 469 So. 2d 153 (Fla. 3d DCA), review denied, 479 So. 2d 117 (Fla.1985…
  • …tatus conference are not substitutes for a trial on the merits and do not permit the court to direct a verdict on its own motion. See Lombard v. Executive Elevator Serv., Inc., 545 So. 2d 453 (Fla. 3d DCA 1989); but see Sharpe v. Sentry Drugs, Inc., 505 So. 2d 618 (Fla. 3d [*894] DCA 1987) (distinguished in Lombard). We therefore reverse the final judgment and remand for trial. Reversed and remanded.…

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