Orr v. Hammons

District Court of Appeal of Florida

Orr v. Hammons

682 So. 2d 614, 1996 Fla. App. LEXIS 11382, 1996 WL 625536

CourtDistrict Court of Appeal of Florida

DecidedOctober 30, 1996

DocketNo. 95-05129

StatusPublished

Cited by1 cases

This text of 682 So. 2d 614 (Orr v. Hammons) 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

Orr v. Hammons, 682 So. 2d 614, 1996 Fla. App. LEXIS 11382, 1996 WL 625536 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Donald Orr appeals a summary judgment on his counterclaim alleging that Bayrock Investment Company breached a covenant of quiet enjoyment in his lease. Because there were disputed issues of material fact, summary judgment was improper. See National Exhibition Co. v. Ball, 139 So.2d 489 (Fla. 2d DCA 1962). Accordingly, we reverse the summary judgment granted on the counterclaim alleging breach of the covenant of quiet enjoyment. We affirm the summary judgment on Orr’s counterclaim alleging inten[615]*615tional interference with a business relationship, which was not argued on appeal.

Reversed in part, affirmed in part and remanded.

CAMPBELL, A.C.J., and BLUE and FULMER, JJ., concur.

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PER CURIAM.

Donald Orr appeals a summary judgment on his counterclaim alleging that Bayrock Investment Company breached a covenant of quiet enjoyment in his lease. Because there were disputed issues of material fact, summary judgment was improper. See National Exhibition Co. v. Ball, 139 So.2d 489 (Fla. 2d DCA 1962). Accordingly, we reverse the summary judgment granted on the counterclaim alleging breach of the covenant of quiet enjoyment. We affirm the summary judgment on Orr’s counterclaim alleging inten[615]*615tional interference with a business relationship, which was not argued on appeal.

Reversed in part, affirmed in part and remanded.

CAMPBELL, A.C.J., and BLUE and FULMER, JJ., concur.

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682 So. 2d 614, 1996 Fla. App. LEXIS 11382, 1996 WL 625536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orr-v-hammons-fladistctapp-1996.

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