Balsam v. South Palm Beach Financial Corp.

District Court of Appeal of Florida

Balsam v. South Palm Beach Financial Corp.

695 So. 2d 1267, 1997 Fla. App. LEXIS 6728, 1997 WL 330619

CourtDistrict Court of Appeal of Florida

DecidedJune 18, 1997

DocketNo. 96-1668

StatusPublished

Cited by4 cases

This text of 695 So. 2d 1267 (Balsam v. South Palm Beach Financial Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Balsam v. South Palm Beach Financial Corp., 695 So. 2d 1267, 1997 Fla. App. LEXIS 6728, 1997 WL 330619 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The appellant/tenant appeals a final judgment for a breach of lease agreement in which the trial court included accelerated rent due pursuant to the lease provisions. Appellant has not provided the court with a transcript of the trial proceedings. Therefore, we must affirm as to most issues. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979).

However, we reverse on one issue which is apparent on the face of the final judgment and was conceded by the appellee in its response to the tenant’s motion for new trial. The trial court erred in failing to include a provision in the final judgment reserving jurisdiction for the tenant to request an accounting for any credit that tenant may be due for subsequently collected rents through the end of the lease term. Quintero-Chadid Corp. v. Gersten, 582 So.2d 685 (Fla. 3d DCA 1991); Jimmy Hall’s Morningside, Inc. v. Blackburn & Peck Enters., 235 So.2d 344 (Fla. 2d DCA 1970).

With respect to appellant’s claim that the accelerated rent should have been reduced to present money value, while it appears on the face of the record that it was not so reduced, the lack of a transcript prevents us from determining whether this issue was properly preserved by objection below.

Affirmed in part; reversed in part and remanded.

WARNER, KLEIN and SHAHOOD, JJ., concur.

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PER CURIAM.

The appellant/tenant appeals a final judgment for a breach of lease agreement in which the trial court included accelerated rent due pursuant to the lease provisions. Appellant has not provided the court with a transcript of the trial proceedings. Therefore, we must affirm as to most issues. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979).

However, we reverse on one issue which is apparent on the face of the final judgment and was conceded by the appellee in its response to the tenant’s motion for new trial. The trial court erred in failing to include a provision in the final judgment reserving jurisdiction for the tenant to request an accounting for any credit that tenant may be due for subsequently collected rents through the end of the lease term. Quintero-Chadid Corp. v. Gersten, 582 So.2d 685 (Fla. 3d DCA 1991); Jimmy Hall’s Morningside, Inc. v. Blackburn & Peck Enters., 235 So.2d 344 (Fla. 2d DCA 1970).

With respect to appellant’s claim that the accelerated rent should have been reduced to present money value, while it appears on the face of the record that it was not so reduced, the lack of a transcript prevents us from determining whether this issue was properly preserved by objection below.

Affirmed in part; reversed in part and remanded.

WARNER, KLEIN and SHAHOOD, JJ., concur.

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695 So. 2d 1267, 1997 Fla. App. LEXIS 6728, 1997 WL 330619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balsam-v-south-palm-beach-financial-corp-fladistctapp-1997.

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