ROBERT A. MILLER D/B/A SOUTHERN CENTER, INC., APPELLANT,
v.
PETER NIFAKOS, MARY R. ROSE, ANDREW J. ROSE AND BONNIE G. ROSE, APPELLEES
Explore caselaw by topic → Browse Breach Of Commercial Lease cases and more on FLexlaw
PER CURIAM.
We reverse the trial court’s order granting appellees’ motion for involuntary dismissal in this breach of commercial lease action.
A motion for involuntary dismissal must be denied if a plaintiff submits a prima facie case. Sea Tower Apartments, Inc. v. Century Nat’l Bank, 406 So. 2d 69, 70 (Fla. 4th DCA 1981). Moreover, in ruling on a motion for involuntary dismissal, the trial court must view the evidence in the light most favorable to plaintiff. Saporito v. Madras, 576 So. 2d 1342 (Fla. 5th DCA 1991). To establish a breach of contract, a party much show the existence of a contract, a breach thereof, and damages. Knowles v. C.I.T. Corp., 346 So. 2d 1042 (Fla. 1st DCA 1977).
Viewing the evidence in the light most favorable to appellant, the record shows that (1) appellee did not pay the first month’s rent as required by the lease, (2) appellee repudiated the lease, (3) appellee failed to pay certain costs and maintenance expenses, and (4) appellant suffered damages as a result of the breach. Thus, we hold that appellant established a prima facie case of breach of contract and we reverse.
REVERSE AND REMAND.
HERSEY, GLICKSTEIN and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
PNC Bank, N.A. v. Progressive Emp'r Servs. II, 55 So. 3d 655 (Fla. 4th DCA 2011)…ed or on the ninety-first day after receiving the required early termination notice from the borrowers. Since PNC Bank was not obligated to release its lien, PNC Bank could not have breached the Agreement by refusing to do so. See Miller v. Nifakos, 655 So. 2d 192, 193 (Fla. 4th DCA 1995) (“To establish a breach of contract, a party must show the existence of a contract, a breach thereof, and damages.”). The borrowers’ only claim against PNC Bank sounded in breach of the credit Agreement. As such, the trial c…
-
Dino Kaklamanos and Keely Kaklamanos v. Allstate Ins. Co., 796 So. 2d 555 (Fla. 1st DCA 2001)…ty Ins. Co. v. Walden, 759 So. 2d 7 (Fla. 5th DCA 2000). The alleged anticipatory breach did not relieve the Plaintiff of the necessity of incurring and alleging damages in order to state a cause of action for breach of contract. Miller v. Nifakos, 655 So. 2d 192 (Fla. 4th DCA 1995); Plowden & Roberts, Inc. v. Conway, 192 So. 2d 528 (Fla. 4th DCA 1966). The Plaintiff failed to allege that she sustained any damages as a result of the Defendant’s alleged breach. Further, a plaintiff cannot obtain a judgment fo…
-
Boca Golf View, Ltd. v. Hughes Hall, Inc., 843 So. 2d 992 (Fla. 4th DCA 2003)…non-jury trial. We reverse. Like a directed verdict in a jury trial, an involuntary dismissal is appropriate if the plaintiff fails to establish a prima facie case. See Lustig v. Garcia, 789 So. 2d 482, 483 (Fla. 4th DCA 2001); Miller v. Nifakos, 655 So. 2d 192, 193 (Fla. 4th DCA 1995). To rule on the motion for involuntary dismissal, the trial court was required to view the evidence in the light most favorable to the plaintiff, resolving every conflict and inference in its favor. See Dockery v. Enter. Ren…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knowles v. C. I. T. Corp., 346 So. 2d 1042 (Fla. 1st DCA 1977)
- Arman Saporito v. Madras, 576 So. 2d 1342 (Fla. 5th DCA 1991)
- SEA Tower Apts., Inc. v. Century Nat'l Bank, 406 So. 2d 69 (Fla. 4th DCA 1981)