HORATIO ENTERPRISES, INC., APPELLANT,
v.
MARTIN RABIN, MARILYN RABIN, STANLEY RABIN, MARINA BISCAYNE, INC., AND MICHAEL D. BRANDON, APPELLEES
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Affirmed summary judgment for defendants, holding that the City of Miami waived and was estopped from contesting the validity of a sublease assignment.
The City of Miami waived its right to invalidate a sublease assignment and is estopped from contesting its validity based on its conduct.
[1] A governmental entity may waive its right to invalidate a lease assignment and become estopped from contesting its validity through conduct demonstrating acceptance or ac…
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Join FLexlaw to unlock all legal intelligenceHoratio Enterprises, Inc. was a sublessee of property and appealed a declaratory decree naming Martin, Marilyn, and Stanley Rabin as the proper sub-le…
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PER CURIAM.
This is an appeal by the plaintiff Horatio Enterprises, Inc., the sublessee of certain property, from a final declaratory decree in which the defendants Martin, Marilyn, and Stanley Rabin were declared to be the sub-lessors of the subject property. Assuming without deciding that the plaintiff has standing to contest the validity of a prior assignment of the sublease in question and thus to deny that the defendants are the proper sublessors of the property which the plaintiff currently rents, we conclude that the trial court was eminently correct in concluding that the complained-of assignment was valid as a matter of law because the City of Miami, by its conduct, waived any right to invalidate the subject assignment and is now estopped to contest its validity.
Moreover, we conclude that this matter was correctly resolved on a motion for summary judgment. Crossman v. Fontainebleau Hotel Corp., 273 F. 2d 720, 728 (5th Cir.1959); Steen v. Scott, 144 Fla. 702, 198 So. 489 (1940); Farmers’ Bank & Trust Co. v. Palms Publishing Co., 86 Fla. 371, 372, 98 So. 143, 144 (1923); Holman v. Halford, 518 So. 2d 442, 443 (Fla. 1st DCA 1988); Tallahassee Mall, Inc. v. Rogers, 352 So. 2d 1272, 1272-73 (Fla. 1st DCA 1977); Gould v. Ruzakowski, 345 So. 2d 842 (Fla. 3d DCA 1977); Tollius v. Dutch Inns of America, Inc., 244 So. 2d 467 (Fla. 3d DCA 1970), cert. denied, 247 So. 2d 437 (Fla.1971); City of Fort Walton Beach v. Southern State Steel Corp., 202 So. 2d 616 (Fla. 1st DCA 1967); Great Southern Aircraft Corp. v. Kraus, 132 So. 2d 608, 609 (Fla. 3d DCA 1961).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Horatio Enters., Inc. v. Rabin, 614 So. 2d 555 (Fla. 3d DCA 1993)…final judgment. BARKDULL and HUBBART, JJ., concur. . The Rabins leased the property from the City of Miami and subleased the property to Horatio Enterprises. . For collateral cases involving this same lease see Horatio Enterprises, Inc. v. Rabin, 566 So. 2d 73 (Fla. 3d DCA1990); Specialty Restaurants Corp. v. City of Miami, 501 So. 2d 101 (Fla. 3d DCA 1987). . The plaintiffs claim default for: 1) failure to make rental payments, 2) failure to pay taxes, 3) closing the restaurant without permission, 4) fa…
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The Weitz Co., LLC v. MCW Acquisition, LLC, 116 So. 3d 623 (Fla. 3d DCA 2013)…d post-closing work on the job. Such conduct establishes consent, or the waiver of the right to withhold consent, to the assignment, and in any event the assignee is estopped to contest the validity of its own action. Horatio Enters., Inc. v. Rabin, 566 So. 2d 73 (Fla. 3d DCA 1990); In re Marineland Ocean Resorts, Inc., 242 B.R. 748, 757 (Bankr.M.D.Fla.1999). MCW next argues that Weitz may not enforce MCW’s written agreement [*627] with Metro Caulking that MCW would assume and perform Metro Caulking’s liabi…
Authorities Cited (11 total)
- Steen v. Scott, 144 Fla. 702 (Fla. 1940)
- Farmers Bank & Tr. Co. v. Palms Publ'g Co., 86 Fla. 371 (Fla. 1923)
- Crossman v. Fontainebleau Hotel Corp., 273 F.2d 720 (5th Cir. 1959)
- Gosta Tollius v. Dutch Inns OF Am., Inc., 244 So. 2d 467 (Fla. 3d DCA 1970)
- Great S. Aircraft Corp. v. Kraus, 132 So. 2d 608 (Fla. 3d DCA 1961)
- Honorable P. B. Revels v. Wilkes, 247 So. 2d 437 (Fla. 1971)
- Est. of Anne J. Clemens v. Double Envelope Corp. & the Fla. Indus. Comm'n, 247 So. 2d 437 (Fla. 1971)
- Tallahassee Mall, Inc. v. Rogers, 352 So. 2d 1272 (Fla. 1st DCA 1977)
- City OF Fort Walton Beach v. S. State Steel Corp., 202 So. 2d 616 (Fla. 1st DCA 1967)
- Gould v. Ruzakowski, 345 So. 2d 842 (Fla. 3d DCA 1977)