Losal Corp. v. Bayview Associates, Inc.

District Court of Appeal of Florida

Losal Corp. v. Bayview Associates, Inc.

359 So. 2d 32, 1978 Fla. App. LEXIS 16027

CourtDistrict Court of Appeal of Florida

DecidedMay 30, 1978

DocketNo. 77-1573

StatusPublished

This text of 359 So. 2d 32 (Losal Corp. v. Bayview Associates, Inc.) 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

Losal Corp. v. Bayview Associates, Inc., 359 So. 2d 32, 1978 Fla. App. LEXIS 16027 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

The plaintiff Losal Corporation appeals an adverse final summary judgment in an action for specific performance, declaratory judgment, injunctive and other relief filed against its landlord, the defendant Bayview Associates, Inc., as the owner and operator of the Dupont Plaza Hotel in Miami, Florida. The plaintiff was locked out of his leased commercial premises at the Dupont Plaza Hotel by the defendant because the plaintiff allegedly breached a material provision of the applicable lease agreement between the parties providing that the lessee plaintiff could not sell products “in competition with existing tenants” at the hotel.

Our review of the record reveals that summary judgment was improperly granted by the trial court because there were genuine issues of material fact as to (1) whether the lease agreement between the parties prohibiting the lessee plaintiff from selling “products in competition with other tenants” refers to products in the same generic classification or more narrowly to products which are identical, and (2) whether the plaintiff did in fact sell such products as thus prohibited by the lease. Holl v. Talcott, 191 So.2d 40 (Fla.1966). See Storz Broadcasting Co. v. Courtney, 178 So.2d 40 (Fla. 3d DCA 1965); Norwood Shopping Center, Inc. v. MKR Corp., 135 So.2d 448 (Fla. 3d DCA 1961).

The judgment appealed from is reversed and the cause remanded for further proceedings.

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PER CURIAM.

The plaintiff Losal Corporation appeals an adverse final summary judgment in an action for specific performance, declaratory judgment, injunctive and other relief filed against its landlord, the defendant Bayview Associates, Inc., as the owner and operator of the Dupont Plaza Hotel in Miami, Florida. The plaintiff was locked out of his leased commercial premises at the Dupont Plaza Hotel by the defendant because the plaintiff allegedly breached a material provision of the applicable lease agreement between the parties providing that the lessee plaintiff could not sell products “in competition with existing tenants” at the hotel.

Our review of the record reveals that summary judgment was improperly granted by the trial court because there were genuine issues of material fact as to (1) whether the lease agreement between the parties prohibiting the lessee plaintiff from selling “products in competition with other tenants” refers to products in the same generic classification or more narrowly to products which are identical, and (2) whether the plaintiff did in fact sell such products as thus prohibited by the lease. Holl v. Talcott, 191 So.2d 40 (Fla.1966). See Storz Broadcasting Co. v. Courtney, 178 So.2d 40 (Fla. 3d DCA 1965); Norwood Shopping Center, Inc. v. MKR Corp., 135 So.2d 448 (Fla. 3d DCA 1961).

The judgment appealed from is reversed and the cause remanded for further proceedings.

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Bluebook (online)

359 So. 2d 32, 1978 Fla. App. LEXIS 16027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/losal-corp-v-bayview-associates-inc-fladistctapp-1978.

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