Miami Fourth, LLC v. GC Lounge, LLC

District Court of Appeal of Florida

Miami Fourth, LLC v. GC Lounge, LLC

137 So. 3d 1073, 2014 WL 1048286, 2014 Fla. App. LEXIS 3979

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 2014

DocketNo. 3D13-2311

StatusPublished

Cited by2 cases

This text of 137 So. 3d 1073 (Miami Fourth, LLC v. GC Lounge, LLC) 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

Miami Fourth, LLC v. GC Lounge, LLC, 137 So. 3d 1073, 2014 WL 1048286, 2014 Fla. App. LEXIS 3979 (Fla. Ct. App. 2014).

Pincite

Opinion

LOGUE, J.

In this eviction action, Miami Fourth, LLC, the landlord, appeals a final judgment entered in favor of GC Lounge, LLC, the tenant. The trial court concluded that the landlord failed (1) to comply with a contractual condition precedent to filing the action — delivering the default notice “by certified mail, return receipt requested, to the parties’ respective addresses- set forth in the [lease’s] preamble”— and (2) to prove a material breach of the lease agreement. Because competent, substantial evidence supports the trial court’s finding that the landlord failed to deliver the default notice to the tenant’s address, we affirm on this issue. See generally Stevens v. Cricket Club Condo., Inc., 784 So.2d 517, 518 (Fla. 3d DCA 2001) (quoting GNB, Inc. v. United Danco Batteries, Inc., 627 So.2d 492, 493 (Fla. 2d DCA 1993)) (“As an appellate court, it is not our function to reweigh the evidence but, rather, to view the record to determine if it contains competent and substantial evidence to support the conclusions of the trier of fact.”).

In regards to the second issue, any determination on the merits of the landlord’s claims was premature in light of its failure to comply with a contractual condition precedent to filing suit. We therefore vacate that portion of the final judgment.

Affirmed, in part, and vacated, in part.

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LOGUE, J.

In this eviction action, Miami Fourth, LLC, the landlord, appeals a final judgment entered in favor of GC Lounge, LLC, the tenant. The trial court concluded that the landlord failed (1) to comply with a contractual condition precedent to filing the action — delivering the default notice “by certified mail, return receipt requested, to the parties’ respective addresses- set forth in the [lease’s] preamble”— and (2) to prove a material breach of the lease agreement. Because competent, substantial evidence supports the trial court’s finding that the landlord failed to deliver the default notice to the tenant’s address, we affirm on this issue. See generally Stevens v. Cricket Club Condo., Inc., 784 So.2d 517, 518 (Fla. 3d DCA 2001) (quoting GNB, Inc. v. United Danco Batteries, Inc., 627 So.2d 492, 493 (Fla. 2d DCA 1993)) (“As an appellate court, it is not our function to reweigh the evidence but, rather, to view the record to determine if it contains competent and substantial evidence to support the conclusions of the trier of fact.”).

In regards to the second issue, any determination on the merits of the landlord’s claims was premature in light of its failure to comply with a contractual condition precedent to filing suit. We therefore vacate that portion of the final judgment.

Affirmed, in part, and vacated, in part.

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Bluebook (online)

137 So. 3d 1073, 2014 WL 1048286, 2014 Fla. App. LEXIS 3979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miami-fourth-llc-v-gc-lounge-llc-fladistctapp-2014.

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