SUNTRUST BANK, SOUTH FLORIDA, N.A. F/K/A SUNBANK/SOUTH FLORIDA, N.A., SUCCESSOR BY MERGER WITH FLAGLER NATIONAL BANK OF THE PALM BEACHES, APPELLANT/CROSS-APPELLEE,
v.
DAX KEY WEST GRILLS OF FLORIDA, INC., A FLORIDA CORPORATION, FAT INVESTORS, INC., A FLORIDA CORPORATION D/B/A FAT TUESDAY, WILLIAM H. LAUGHLIN AND HELEN LAUGHLIN, INDIVIDUALLY, APPELLEES/CROSS-APPELLANTS
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PER CURIAM.
This is an appeal and cross-appeal from a final summary judgment awarding -damages of $103,674.15 to appellant after appellees admitted liability for breaching a commercial real estate lease contract. We reverse the summary judgment and remand this case for a trial on the issue of damages because disputed issues of material fact exist as to whether appellant took possession of the premises after evicting appellees for its own account or for the account of the tenant. See CB Institutional Fund VIII v. Gemballa U.S.A., Inc., 566 So. 2d 896, 897 (Fla. 4th DCA 1990); Geiger Mut. Agency, Inc. v. Wright, 233 So. 2d 444, 447 (Fla. 4th DCA 1970); Williams v. Aeroland Oil Co., 155 Fla. 114, 20 So. 2d 346 (1944).
REVERSED and REMANDED.
KLEIN, STEVENSON and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Williams v. Aeroland OIL Co., 155 Fla. 114 (Fla. 1944)
- Geiger Mut. Agency, Inc. v. Louella F. Wright, 233 So. 2d 444 (Fla. 4th DCA 1970)
- CB Institutional Fund Viii v. Gemballa U.S.A., Inc., 566 So. 2d 896 (Fla. 4th DCA 1990)