JEDAK CORPORATION D/B/A RAZZLE'S, APPELLANT,
v.
SEABREEZE OFFICE ASSOCIATES, LLC AND NEIL HUNTER, APPELLEES.
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In this action arising from a written commercial lease agreement, Appellee, Seabreeze Office Associates, LLC ("Landlord"), obtained summary judgment for damages arising from the breach of contractual provisions requiring that Appellant, Jedak Corporation d/b/a Razzle's ("Tenant"), indemnify and provide insurance coverage to protect Landlord from losses arising from Tenant's occupancy of the premises. Although Tenant raises numerous issues on appeal, we need only address one, which we conclude is dispositive of this dispute. Because Landlord did not incur any damages that were caused by the breach of these particular lease provisions, the lower court erred in granting summary judgment in favor of Landlord and in denying summary judgment in favor of Tenant. Accordingly, we reverse and remand this cause with directions that summary judgment be entered in favor of Tenant. See Cas. Indem. Exch. v. Penrod Bros. , 632 So.2d 1046, 1047 (Fla. 3d DCA 1993) (where landlord's insurer fully covers loss, landlord suffers no compensable damages arising from tenant's breach of contract).1
*343REVERSED AND REMANDED.
COHEN, C.J., PALMER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Principal Life Ins. Co. v. Halstead (Fla. 5th DCA 2020)…udgment entered in favor of Appellees and, based upon the plain language of the policy and the cross-motions for summary judgment, we remand for entry of summary judgment in favor of Principal Life. See Jedak Corp. v. Seabreeze Office Assocs., LLC, 244 So. 3d 342, 342 (Fla. 5th DCA 2018); Jordan v. Fehr, 902 So. 2d 198, 200–01 (Fla. 1st DCA 2005) (“Because appellate jurisdiction over the final order on motions for summary judgment was properly invoked by the timely filing of the notice of appeal, pursuant to…
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Principal Life Ins. Co. v. Halstead (Fla. 5th DCA 2020)…udgment entered in favor of Appellees and, based upon the plain language of the policy and the cross-motions for summary judgment, we remand for entry of summary judgment in favor of Principal Life. See Jedak Corp. v. Seabreeze Office Assocs., LLC, 244 So. 3d 342, 342 (Fla. 5th DCA 2018); Jordan v. Fehr, 902 So. 2d 198, 200–01 (Fla. 1st DCA 2005) (“Because appellate jurisdiction over the final order on motions for summary judgment was properly invoked by the timely filing of the notice of appeal, pursuant to…
Authorities Cited
- Cas. Indem. Exch. v. Penrod Bros., Inc., 632 So. 2d 1046 (Fla. 3d DCA 1993)