CARMINE TINO AND CARMELA TINO, HIS WIFE, APPELLANTS,
v.
OUTDOOR MEDIA, INC., A FLORIDA CORPORATION, APPELLEE
The judgment appealed from in this case dismissed an amended complaint whereby the appellants sought damages for breach of a ten year lease of certain real estate made to the appellee as lessee. The trial court was correct in holding the lease was not enforceable. The real estate involved was owned m an estate by the entireties by appellants who were husband and wife.
The lease was signed by the husband but was not signed by the wife. Failure of the wife to join and sign the lease made this ten year lease defective. See Richart v. Roper, 156 Fla. 822, 25 So.2d 80, 81. The lease was defective also because not witnessed as required by § 689.01 Fla.Stat., F.S.A.
Affirmed.
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Y.H. v. F.L.H. and K.W.H., 784 So. 2d 565 (Fla. 1st DCA 2001)…) (“In an adoption proceeding, as well as any other kind of proceeding regarding the custody of a child, the primary issue is the best-interest and welfare of the child. Harden v. Thomas, 329 So. 2d 389 (Fla. 1st DCA 1976), In re Adoption by Cooper, 242 So. 2d 196 (Fla. 1st DCA 1970); In re Vincent’s Adoption, 219 So. 2d 454 (Fla. 1st DCA 1969).”). Because the child’s interests are most important, the court should make its best effort to base its judgment on all of the pertinent facts elicited during hearing…
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Jones v. Otis W. Allen and his wife, 277 So. 2d 599 (Fla. 2d DCA 1973)…uire a showing of a complete and total abandonment of a child by a natural parent for strangers to prevail over such parent in an adoption proceeding, Florida does not require such a stringent showing. See, 35 A.L.R.2d 662; In re Adoption by Cooper, 242 So. 2d 196 (1st D.C.A.Fla.1970); In re Adoption of Vincent, 219 So. 2d 454 (1st D.C.A.Fla.1969); In re Miller, 227 So. 2d 73 (4th D.C.A.Fla.1969). The foregoing citations plainly indicate that if strangers to the child can demonstrate by clear and convincing e…
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S & I Invs. v. Payless Flea Mkt., Inc., 36 So. 3d 909 (Fla. 4th DCA 2010)…able. See Fla. Women’s Med. Clinic, Inc. v. Sultan, 656 So. 2d 931 (Fla. 4th DCA 1995) (affirming trial court’s dismissal of a complaint that sought to enforce a lease because the lease had only one subscribing witness); Tino v. Outdoor Media, Inc., 242 So. 2d 196 (Fla. 3d DCA 1970) (affirming trial court’s dismissal of complaint for breach of lease where lease was invalid and unenforceable, in part, because it was “not witnessed as required by § 689.01, Fla. Stat.”). It is undisputed that the 2003 lease had…
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- Richart v. Roper, 156 Fla. 822 (Fla. 1946)