Siboni v. N.W. Third Street Partnership, Inc.

District Court of Appeal of Florida

Siboni v. N.W. Third Street Partnership, Inc.

84 So. 3d 477, 2012 Fla. App. LEXIS 5636, 2012 WL 1231227

District Court of Appeal of Florida·Decided April 13, 2012·No. No. 5D11-2814·Published

Opinion

PER CURIAM.

Appellant challenges the final judgment for damages based upon the breach of a commercial lease. We reverse and remand the judgment for the limited purpose of resolving a factual dispute regarding the payment of the rent due for the month of September 2010. We further instruct the trial court to reserve jurisdiction to address any post-judgment accounting if Ap-pellee is able to relet the premises within the term of the lease. See Horizon Med. Grp., P.A. v. City Ctr. of Charlotte Cnty., Ltd., 779 So.2d 545 (Fla. 2d DCA 2001). In all other respects, the judgment is affirmed.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

GRIFFIN, PALMER and TORPY, JJ„ concur.

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PER CURIAM.

Appellant challenges the final judgment for damages based upon the breach of a commercial lease. We reverse and remand the judgment for the limited purpose of resolving a factual dispute regarding the payment of the rent due for the month of September 2010. We further instruct the trial court to reserve jurisdiction to address any post-judgment accounting if Ap-pellee is able to relet the premises within the term of the lease. See Horizon Med. Grp., P.A. v. City Ctr. of Charlotte Cnty., Ltd., 779 So.2d 545 (Fla. 2d DCA 2001). In all other respects, the judgment is affirmed.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

GRIFFIN, PALMER and TORPY, JJ„ concur.

Siboni v. N.W. Third Street Partnership, Inc., 84 So. 3d 477, 2012 Fla. App. LEXIS 5636, 2012 WL 1231227 (Fla. Ct. App. 2012).

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84 So. 3d 477 (Siboni v. N.W. Third Street Partnership, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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