FAITH FREIGHT FORWARDING CORP., APPELLANT,
v.
PANALPINA AIRFREIGHT, INC., APPELLEE
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The court held that the landlord was entitled to recover accrued property tax increases from the tenant, reversing the trial court's denial of this claim as untimely. The court affirmed the trial court's award for back rent and property damage.
A landlord appealed a final judgment regarding damages owed by its former tenant. The trial court awarded back rent and property damage but denied a c…
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PER CURIAM.
Faith Freight Forwarding [landlord] appeals from a final judgment that determined the amount of damages it was owed by its former tenant, Panalpina Airfreight. We affirm in part, reverse in part, and remand for further proceedings.
On the main appeal, we affirm the trial court’s determination of the amount the tenant was obligated to pay for back rent and property damage; the findings are supported by substantial competent evidence. Malver v. Sheffield Indus., Inc., 502 So. 2d 75, 77 (Fla. 3d DCA 1987) (“Findings of fact made by a trial court sitting as fact-finder come to this court with a presumption of correctness and will not be disturbed so long as the findings are supported by competent and substantial evidence in the record.”) (citations omitted).
However, the trial court erred as a matter of law when it denied as untimely the landlord’s claim for accrued property tax increases. The lease obligated the tenant to pay those increases, and was silent as to when the landlord was to demand payment from the tenant. See National Health Lab., Inc. v. Bailmar, 444 So. 2d 1078 (Fla. 3d DCA) (where lease was silent as to when landlord had to demand payment of property tax increases, trial court could not redraft instrument to require that demand be made at any particular time), rev. denied, 453 So. 2d 43 (Fla.1984).
We find no merit in the issues raised by the tenant in its cross appeal. The trial court’s findings as to when the tenant surrendered the premises, and which party was responsible for the property damage are supported by substantial competent evidence and will not be disturbed. Malver, 502 So. 2d at 77. The trial court also correctly determined that the landlord “prevailed on the significant issues tried before the court” and was therefore the prevailing party for the purpose of awarding attorney’s fees. Moritz v. Hoyt Enters., 604 So. 2d 807, 810 (Fla.1992).
Affirmed in part, reversed in part, remanded for further consistent proceedings.
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Cited By
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Nat'l Constructors, Inc. v. Ellenberg, 681 So. 2d 791 (Fla. 3d DCA 1996)…challenged matters were supported by competent substantial evidence. Consequently, we will not disturb .any such findings on appeal. See, e.g., Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976); Faith Freight Forwarding Corp. v. Panalpina Airfreight, Inc., 636 So. 2d 186 (Fla. 3d DCA 1994); Horatio Enters., Inc. v. Rabin, 614 So. 2d 555, 556 (Fla. 3d DCA 1993); Patna Publications, Inc. v. Armesto, 593 So. 2d 574, 575 (Fla. 3d DCA 1992); Triefler v. Barnett Bank of S. Fla., N.A., 588 So. 2d 240 (Fla. 3d DCA 1991); Le…
Authorities Cited
- Moritz v. Hoyt Enters., Inc., 604 So. 2d 807 (Fla. 1992)
- Nat'l Health Labs., Inc. v. Bailmar, Inc., 444 So. 2d 1078 (Fla. 3d DCA 1984)
- Berryer v. HERTZ, 502 So. 2d 75 (Fla. 3d DCA 1987)