Davis v. Avco Financial Services Leasing Co.

District Court of Appeal of Florida

Davis v. Avco Financial Services Leasing Co.

512 So. 2d 1157, 12 Fla. L. Weekly 2327, 1987 Fla. App. LEXIS 10406

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 1987

DocketNo. 86-3162

StatusPublished

This text of 512 So. 2d 1157 (Davis v. Avco Financial Services Leasing Co.) 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.

Bluebook

Davis v. Avco Financial Services Leasing Co., 512 So. 2d 1157, 12 Fla. L. Weekly 2327, 1987 Fla. App. LEXIS 10406 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

Of the several remedies provided in the lease between the parties, the financing lessor (appellee) chose the one which allowed it to “sue for and recover all rent and payments then accrued or thereafter accruing” upon a default by the lessee (appellant). We disagree with the appellant’s contention that the financing lessor thus had a duty to mitigate damages in the face of the contract provision chosen.

Accordingly, we affirm the judgment for damages entered for all amounts due under the lease after the appellant’s default.

Affirmed.

DANAHY, C.J., and LEHAN and HALL, JJ., concur.

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PER CURIAM.

Of the several remedies provided in the lease between the parties, the financing lessor (appellee) chose the one which allowed it to “sue for and recover all rent and payments then accrued or thereafter accruing” upon a default by the lessee (appellant). We disagree with the appellant’s contention that the financing lessor thus had a duty to mitigate damages in the face of the contract provision chosen.

Accordingly, we affirm the judgment for damages entered for all amounts due under the lease after the appellant’s default.

Affirmed.

DANAHY, C.J., and LEHAN and HALL, JJ., concur.

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Bluebook (online)

512 So. 2d 1157, 12 Fla. L. Weekly 2327, 1987 Fla. App. LEXIS 10406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-avco-financial-services-leasing-co-fladistctapp-1987.