Metropolitan Life Insurance Co. v. Austin

District Court of Appeal of Florida

Metropolitan Life Insurance Co. v. Austin

433 So. 2d 36, 1983 Fla. App. LEXIS 19615

CourtDistrict Court of Appeal of Florida

DecidedJune 17, 1983

DocketNo. 82-2102

StatusPublished

Cited by1 cases

This text of 433 So. 2d 36 (Metropolitan Life Insurance Co. v. Austin) 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

Metropolitan Life Insurance Co. v. Austin, 433 So. 2d 36, 1983 Fla. App. LEXIS 19615 (Fla. Ct. App. 1983).

Pincite

Opinion

PER CURIAM.

Metropolitan Life Insurance Company brought suit seeking temporary and permanent injunctive relief requiring the appel-lees to furnish air conditioning during usual business hours to premises leased by Metropolitan. The trial court granted a temporary injunction, but after a nonjury trial, the court entered an order dissolving the temporary injunction and denying Metropolitan’s request for permanent injunctive relief. Metropolitan appeals from that order. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B).

The lease between Metropolitan and the appellees states that air conditioning will be provided by the lessor “during usual business hours.” The evidence was that usual business hours include approximately 8:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 1:00 p.m. on Saturdays. However, Metropolitan contends that air conditioning should be provided during its usual business hours of 8:00 a.m. to 9:00 p.m. on weekdays and 9:00 a.m. to 1:00 p.m. on Saturdays. Because there was evidence to the contrary, we cannot find that the trial court erred in rejecting Metropolitan’s argument that air conditioning must be provided from 6:00 p.m. to 9:00 p.m. on weekdays.

Prior to the filing of this lawsuit, air conditioning was not provided during all the hours of 8:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 1:00 p.m. on Saturdays. Metropolitan is entitled to air conditioning during those hours.

Accordingly, we REVERSE and REMAND for entry of relief consistent with our foregoing opinion.

HOBSON, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Metropolitan Life Insurance Company brought suit seeking temporary and permanent injunctive relief requiring the appel-lees to furnish air conditioning during usual business hours to premises leased by Metropolitan. The trial court granted a temporary injunction, but after a nonjury trial, the court entered an order dissolving the temporary injunction and denying Metropolitan’s request for permanent injunctive relief. Metropolitan appeals from that order. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B).

The lease between Metropolitan and the appellees states that air conditioning will be provided by the lessor “during usual business hours.” The evidence was that usual business hours include approximately 8:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 1:00 p.m. on Saturdays. However, Metropolitan contends that air conditioning should be provided during its usual business hours of 8:00 a.m. to 9:00 p.m. on weekdays and 9:00 a.m. to 1:00 p.m. on Saturdays. Because there was evidence to the contrary, we cannot find that the trial court erred in rejecting Metropolitan’s argument that air conditioning must be provided from 6:00 p.m. to 9:00 p.m. on weekdays.

Prior to the filing of this lawsuit, air conditioning was not provided during all the hours of 8:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 1:00 p.m. on Saturdays. Metropolitan is entitled to air conditioning during those hours.

Accordingly, we REVERSE and REMAND for entry of relief consistent with our foregoing opinion.

HOBSON, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

433 So. 2d 36, 1983 Fla. App. LEXIS 19615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-life-insurance-co-v-austin-fladistctapp-1983.

Opinion

Related

Cite This Page — Counsel Stack