REAL ESTATE: LEASES: TRIAL COURT ERRED BY DENYING TENANT’S CLAIM FOR EVICTION OF SUBTENANT BECAUSE SUBTENANT REMAINED IN POSSESSION WITHOUT PAYING RENT WITHIN THREE DAYS AFTER RECEIVING TENANT’S NOTICE TO PAY RENT OR VACATE THE PREMISES; TRIAL COURT ERRED BY AWARDING DAMAGES FOR UNJUST ENRICHMENT TO SUBTENANT BASED UPON TENANT’S FAILURE TO PROVIDE MARKETING SERVICES BECAUSE THERE WAS NO EVIDENCE TO ALLOCATE THE PORTION OF RENT ATTRIBUTABLE TO OCCUPANCY AND THE PORTION OF RENT ATTRIBUTABLE TO MARKETING

Edge Pilates Corporation v. Tribeca Aesthetic Medical Solutions, LLC, ___ So. 3d ___, 40 Fla. L. Weekly D509 (Fla. 4th DCA February 25, 2015)

The tenant, who operated a Pilates gym, subleased a portion of its space to an internist, who catered to the same demographic. The rent included promotional services, but the sublease did not breakdown the amounts … Click To Read Full Case Law Review...

REAL ESTATE: LEASES: TENANT WAS NOT ENTITLED TO CONTRACTUAL OR COMMON LAW INDEMNITY FROM LANDLORD BECAUSE SLIP AND FALL OCCURRED ON THE PART OF THE PREMISES IT LEASED FROM THE LANDLORD  

Hillstone Restaurant Group, Inc. v. P.F. Chang’s China Bistro, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1713 (Fla. 3d DCA August 13, 2014)

The appellate court reversed summary judgment for the tenant on its claim for indemnification against the landlord in a slip and fall case.  The accident occurred near the entry to the tenant’s restaurant, but the … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: REAL ESTATE: LEASES: INDEMNITY

Hillstone Restaurant Group, Inc. v. P.F. Chang’s China Bistro, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1068 (Fla. 3d DCA May 21, 2014)

The appellate court reversed summary judgment establishing that the tenant was entitled to indemnity from the landlord as a result of a slip and fall accident occurring outside the building leased to the tenant.  The … Click To Read Full Case Law Review...

REAL ESTATE: LEASES: TIME IS OF THE ESSENCE CLAUSE

326-330 St. Armands Circle, LLC v. GEE22, LLC, ___ So. 3d ___, 39 Fla. L. Weekly D803 (Fla. 2d DCA April 16, 2014)

The trial court erred by concluding that the landlord violated the time is of the essence clause in a  commercial lease  by failing to install an elevator within six months because the lease provided the landlord with … Click To Read Full Case Law Review...

REAL ESTATE: TENANT EVICTION; CIVIL PROCEDURE: PERSONAL JURISDICTION: SERVICE ON LAWYER RATHER THAN DEFENDANT: RELIEF FROM JUDGMENT: TRIAL COURT POSSESSED JURISDICTION OVER RENEWED MOTION FOR RELIEF FROM JUDGMENT: JURISDICTION WOULD NOT HAVE EXISTED OVER SUCCESSIVE MOTION FOR RELIEF FROM JUDGMENT REQUESTING SAME RELIEF; APPEALS: SECOND TIER CERTIORARI: DISTINCTION BETWEEN VOIDABLE AND VOID JUDGMENTS: APPELLATE COURT COMPELLED TO EXERCISE JURISDICTION OVER POTENTIALLY VOID JUDGMENT

Sewell v. Colee, ___ So. 3d ___, 39 Fla. L. Weekly D206 (Fla. 3d DCA January 22, 2014)

The landlord in an action for eviction served the tenant’s lawyer, rather than the tenant, against whom a default final judgment was entered.  The tenant filed a motion to quash service of process, which asked the court to vacate the default and … Click To Read Full Case Law Review...