458 So. 2d 1230

CORAL RIDGE NATIONAL BANK OF FT. LAUDERDALE as Trustee, a national banking corporation, Appellant, v. NEIGHBORS RESTAURANT, INC., a Florida corporation, Appellee.

Nos. 84-285, 84-695.

District Court of Appeal of Florida, Third District.

Nov. 27, 1984.

Meyer, Weiss, Rose, Arkin, Shampanier, Ziegler & Barash and F. William Harvey, Miami Beach, for appellant.

John H. Lipinski, A.M. Schwitalla, Miami, for appellee.

Before BARKDULL, BASKIN and JOR-GENSON, JJ.

PER CURIAM.

We reverse the trial court’s final summary judgment on the grounds that the trial court erred in interpreting the lease and subsequent lease amendments made between Neighbors Restaurant, Inc.’s assign- or and the lessor, Coral Ridge National Bank of Ft. Lauderdale, when it failed to consider the effect of the lease modification agreement when determining the base rental figure to be used for computing the monthly rent due to the lessor. See Blackhawk Heating & Plumbing Co. v. Data Lease Financial Corp., 302 So.2d 404 (Fla. 1974). On remand the trial court is directed to compute the rental on the basis of $26,400 per annum as stated in the lease modification agreement. The cross appeal is without merit.

Reversed and remanded.

Coral Ridge National Bank of Ft. Lauderdale v. Neighbors Restaurant, Inc.
458 So. 2d 1230

Case Details

Name
Coral Ridge National Bank of Ft. Lauderdale v. Neighbors Restaurant, Inc.
Decision Date
Nov 27, 1984
Citations

458 So. 2d 1230

Jurisdiction
Florida

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