2501, LLC
v.
PRICE BUSTER MATTRESS
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Although consolidated for trial, the trial court was required to enter separate judgments for the two distinct cases to determine which party prevailed in each and to apportion damages accordingly.
[1] A trial court's findings of fact are supported by competent, substantial evidence when the record contains evidence that reasonably supports the conclusions reached.
[2] A landlord who retakes possession of leased premises must mitigate damages.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Consolidated cases do not lose their individual identities as distinct, separately filed causes of action.”
Citation to OneBeacon Ins. Co. v. Delta Fire Sprinklers, Inc., establishing that consolidated cases retain their individual identities for judgment purposes.
Landlord filed two separate breach of lease complaints against Tenant—the first seeking recovery through August 5, 2014, and the second through Novemb…
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 2501, LLC, Appellant/Cross-Appellee,
v. Case No. 5D17-580 PRICE BUSTER MATTRESS, LLC AND PRICE BUSTER MATTRESS FLORIDA, LLC, Appellees/Cross-Appellants. ________________________________/ Opinion filed August 10, 2018 Appeal from the Circuit Court for Brevard County, George B. Turner, Judge.
Dennis F. Fairbanks, Melbourne, for Appellant/Cross-Appellee.
Michael E. Dujovne and David J. Volk of Volk Law Offices, P.A., Melbourne, for Appellees/Cross-Appellants.
PER CURIAM.
2501, LLC (“Landlord”), filed two separate complaints against Price Buster
Mattress, LLC (“Tenant”), alleging breach of a commercial lease. The parties stipulated that in the first suit,1 Landlord sought to recover for Tenant’s alleged breach of lease
through the date of filing of the first complaint—August 5, 2014. In the second suit,2
Landlord sought to recover through the date of filing of the second complaint—November
4, 2015. The two suits were consolidated and tried together. The issues at trial revolved around which party breached the lease agreement and when Landlord retook possession of the premises. The trial court ultimately found that Tenant breached the lease, but that
Landlord retook possession of the property on June 6, 2014, and thereafter failed to mitigate its damages.
Landlord appeals, arguing that the trial court erred in finding that it retook possession of the premises. Tenant cross-appeals, contending that the Landlord was, in fact, the breaching party and that the trial court erred in its determination of when Landlord retook possession. Tenant also argues that the trial court erred in not separating the two cases in the final judgment.
We affirm both appeals because competent, substantial evidence supports the trial court’s determinations that Tenant breached the lease but that Landlord retook possession of the premises on June 6, 2014. However, we agree with Tenant that even though the cases were consolidated for trial, Tenant is entitled to a judgment separating the two cases for damages purposes, as well as a determination as to which party was the prevailing party in each case. See OneBeacon Ins. Co. v. Delta Fire Sprinklers, Inc.,
898 So. 2d 113, 116 (Fla. 5th DCA 2005) (“[C]onsolidated cases do not lose their individual identities as distinct, separately filed causes of action.”); cf. CDI Contractors,
LLC. v. Allbrite Elec. Contractors, Inc., 836 So. 2d 1031, 1033 (Fla. 5th DCA 2002) (remanding for trial court to enter separate judgments for damages, interest, attorney’s
fees, and costs on separate but consolidated cases; ordering trial court on remand to
“apportion (if possible) the fees attributable” to the separate cases).
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
COHEN, C.J., PALMER and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Onebeacon Ins. Co. v. DELTA Fire Sprinklers, Inc., 898 So. 2d 113 (Fla. 5th DCA 2005)
- CDI Contractors, LLC. v. Allbrite Elec. Contractors, Inc., 836 So. 2d 1031 (Fla. 5th DCA 2002)