ZANE BALSAM, INDIVIDUALLY, APPELLANT,
v.
SOUTH PALM BEACH FINANCIAL CORP., APPELLEE
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Florida appellate court affirmed judgment for breach of lease but reversed and remanded on the issue that the trial court failed to reserve jurisdiction for the tenant to seek credit for subsequently collected rents.
A trial court must reserve jurisdiction in a breach of lease judgment to allow the tenant to request an accounting for credits due from subsequently collected rents through the end of the lease term.
[1] A trial court must reserve jurisdiction in a judgment for breach of lease to permit the tenant to seek an accounting for any credit due from rents subsequently collected…
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Join FLexlaw to unlock all legal intelligenceA tenant appealed a final judgment for breach of a lease agreement that included accelerated rent due under the lease provisions. The tenant did not p…
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PER CURIAM.
The appellant/tenant appeals a final judgment for a breach of lease agreement in which the trial court included accelerated rent due pursuant to the lease provisions. Appellant has not provided the court with a transcript of the trial proceedings. Therefore, we must affirm as to most issues. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979).
However, we reverse on one issue which is apparent on the face of the final judgment and was conceded by the appellee in its response to the tenant’s motion for new trial. The trial court erred in failing to include a provision in the final judgment reserving jurisdiction for the tenant to request an accounting for any credit that tenant may be due for subsequently collected rents through the end of the lease term. Quintero-Chadid Corp. v. Gersten, 582 So. 2d 685 (Fla. 3d DCA 1991); Jimmy Hall’s Morningside, Inc. v. Blackburn & Peck Enters., 235 So. 2d 344 (Fla. 2d DCA 1970).
With respect to appellant’s claim that the accelerated rent should have been reduced to present money value, while it appears on the face of the record that it was not so reduced, the lack of a transcript prevents us from determining whether this issue was properly preserved by objection below.
Affirmed in part; reversed in part and remanded.
WARNER, KLEIN and SHAHOOD, JJ., concur.
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Seal Prods. v. Mansfield, 705 So. 2d 973 (Fla. 3d DCA 1998)…1994); State, Department of HRS v. Christman, 635 So. 2d 94, 95 (Fla. 1st DCA 1994); Walt v. Walt, 596 So. 2d 761, 762 (Fla. 1st DCA 1992); Dinn v. Haynes, 22 Fla. L. Weekly D1621, (Fla. 4th DCA July 2, 1997); Balsam v. South Palm Beach Fin. Corp., 695 So. 2d 1267, 1268 (Fla. 4th DCA 1997). Those cases have no application here. See also Ronbeck Constr. Co., Inc. v. Savanna Club Corp., 592 So. 2d 344, 348 (Fla. 4th DCA 1992); Phillip J. Padovano, Florida Appellate Practice § 13.3, at 219 (2d ed.1997). [*976] T…
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Greason v. Rolling Green Condo. E., Inc. (Fla. 3d DCA 2024)…by the evidence or by an alternative theory. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.”); see also Balsam v. S. Palm Beach Fin. Corp., 695 So. 2d 1267, 1268 (Fla. 4th DCA 1997) (“[T]he lack of a transcript prevents us from determining whether this issue was properly preserved by objection below.”).…
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Aguirre v. Andrukiebich (Fla. 3d DCA 2025)…v. Deutsche Bank Nat’l. Tr. Co., 81 So. 3d 556, 557 (Fla. 3d DCA 2012) (“An appellant has the burden to present a record that will overcome the presumption of the correctness of the trial court’s findings.”); Balsam v. S. Palm Beach Fin. Corp., 695 So. 2d 1267, 1268 (Fla. 4th DCA 1997) (“[T]he lack of a transcript prevents [the appellate court] from determining whether this issue was properly preserved by objection below.”). Affirmed in part; reversed in part and remanded.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Jimmy Hall's Morningside, Inc. v. Blackburn & Peck Enters., Inc., 235 So. 2d 344 (Fla. 2d DCA 1970)
- Quintero-Chadid Corp. v. Gersten, 582 So. 2d 685 (Fla. 3d DCA 1991)