Metromedia Steakhouses Co. v. USAA Income Properties, III Ltd. Partnership ex rel. USAA Properties, Inc.

District Court of Appeal of Florida

Metromedia Steakhouses Co. v. USAA Income Properties, III Ltd. Partnership ex rel. USAA Properties, Inc.

714 So. 2d 1158, 1998 Fla. App. LEXIS 9417, 1998 WL 412456

CourtDistrict Court of Appeal of Florida

DecidedJuly 24, 1998

DocketNo. 97-03146

StatusPublished

Cited by1 cases

This text of 714 So. 2d 1158 (Metromedia Steakhouses Co. v. USAA Income Properties, III Ltd. Partnership ex rel. USAA Properties, 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.

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Metromedia Steakhouses Co. v. USAA Income Properties, III Ltd. Partnership ex rel. USAA Properties, Inc., 714 So. 2d 1158, 1998 Fla. App. LEXIS 9417, 1998 WL 412456 (Fla. Ct. App. 1998).

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Opinion

WHATLEY, Judge.

Metromedia Steakhouses Company, L.P., Ltd., appeals the summary judgment awarding USAA Income Properties III Limited Partnership back rent based on a finding that Metromedia improperly terminated its lease with USAA. We reverse. The parties’ differing interpretations of the termination provisions of the lease reveal that the lease is ambiguous and that, therefore, resolution of this case by summary judgment was not appropriate. See Palazzolo v. Fessler, 680 So.2d 607 (Fla. 2d DCA 1996).

Reversed and remanded for further proceedings.

THREADGILL, A.C.J., and CASANUEVA, J., concur.

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WHATLEY, Judge.

Metromedia Steakhouses Company, L.P., Ltd., appeals the summary judgment awarding USAA Income Properties III Limited Partnership back rent based on a finding that Metromedia improperly terminated its lease with USAA. We reverse. The parties’ differing interpretations of the termination provisions of the lease reveal that the lease is ambiguous and that, therefore, resolution of this case by summary judgment was not appropriate. See Palazzolo v. Fessler, 680 So.2d 607 (Fla. 2d DCA 1996).

Reversed and remanded for further proceedings.

THREADGILL, A.C.J., and CASANUEVA, J., concur.

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714 So. 2d 1158, 1998 Fla. App. LEXIS 9417, 1998 WL 412456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metromedia-steakhouses-co-v-usaa-income-properties-iii-ltd-partnership-fladistctapp-1998.

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