John Sawyer's Book Co., Florida v. City National Bank of Miami, N.A.

District Court of Appeal of Florida

John Sawyer's Book Co., Florida v. City National Bank of Miami, N.A.

542 So. 2d 1009, 14 Fla. L. Weekly 686, 1989 Fla. App. LEXIS 1295, 1989 WL 21427

CourtDistrict Court of Appeal of Florida

DecidedMarch 14, 1989

DocketNo. 88-309

StatusPublished

Cited by1 cases

This text of 542 So. 2d 1009 (John Sawyer's Book Co., Florida v. City National Bank of Miami, N.A.) 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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John Sawyer's Book Co., Florida v. City National Bank of Miami, N.A., 542 So. 2d 1009, 14 Fla. L. Weekly 686, 1989 Fla. App. LEXIS 1295, 1989 WL 21427 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

City National Bank, as landlord under a commercial lease, was awarded a summary judgment against John Sawyer’s Book Company-Florida on the tenant’s action and a summary judgment on the landlord’s counterclaim for declaratory relief and damages. On review of the depositions and other evidence submitted to the trial court, we conclude that the judgment must be reversed. There are several genuine material issues of fact, including (1) whether five days was a reasonable time to respond to an option, (2) whether the agreed-upon time to exercise the option had arisen, (3) whether the landlord frustrated the tenant’s ability to perform under the terms of the agreement, and (4) whether the corpo[1010]*1010rate officer should be held personally liable for debts of the corporation. A summary judgment should only be granted where there is a complete absence of any genuine issue of material fact. Florida E. Coast Ry. Co. v. Metro. Dade County, 438 So.2d 978 (Fla. 3d DCA 1983).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

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PER CURIAM.

City National Bank, as landlord under a commercial lease, was awarded a summary judgment against John Sawyer’s Book Company-Florida on the tenant’s action and a summary judgment on the landlord’s counterclaim for declaratory relief and damages. On review of the depositions and other evidence submitted to the trial court, we conclude that the judgment must be reversed. There are several genuine material issues of fact, including (1) whether five days was a reasonable time to respond to an option, (2) whether the agreed-upon time to exercise the option had arisen, (3) whether the landlord frustrated the tenant’s ability to perform under the terms of the agreement, and (4) whether the corpo[1010]*1010rate officer should be held personally liable for debts of the corporation. A summary judgment should only be granted where there is a complete absence of any genuine issue of material fact. Florida E. Coast Ry. Co. v. Metro. Dade County, 438 So.2d 978 (Fla. 3d DCA 1983).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

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Bluebook (online)

542 So. 2d 1009, 14 Fla. L. Weekly 686, 1989 Fla. App. LEXIS 1295, 1989 WL 21427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-sawyers-book-co-florida-v-city-national-bank-of-miami-na-fladistctapp-1989.

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