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Smith v. Loehmann's Inc.

District Court of Appeal of Florida, Third District
Dec 20, 1988
534 So. 2d 1248 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-1878.

December 20, 1988.

An Appeal from the Circuit Court of Dade County; Jon I. Gordon, Judge.

Goldstein Tanen and Susan E. Trench, Miami, for appellant.

Abrams, Anton, Robbins, Resnick Schneider, Boca Raton, and Jack F. Weins, Hollywood, for appellee.

Before SCHWARTZ, C.J., HUBBART, J., and ZEHMER, E. EARLE, Associate Judge.


This is an appeal by the plaintiff landlord from a final summary judgment entered in favor of the defendant tenant in a breach of lease action. We affirm based upon a holding that the trial court correctly interpreted the lease between the parties to mean that: (1) the "base year," as that term is used in the lease, is 1983, and (2) the lease requirement that the landlord "promptly" pay real estate taxes requires said landlord to pay the subject taxes when they become due on November 1st of each year. We have carefully reviewed, but are not persuaded by, the landlord's contrary argument that the lease provisions in question are ambiguous and therefore required extrinsic evidence to discover the intent of the parties; we conclude, as did the trial court, that the subject provisions are clear and unambiguous. See National Hotel, Inc. v. Koretsky, 96 So.2d 774, 775 (Fla. 1957); Jacobs v. Petrino, 351 So.2d 1036, 1039 (Fla. 4th DCA 1976), cert. denied, 349 So.2d 1231 (Fla. 1977); Shaw v. Bankers Life Co., 213 So.2d 514, 515 (Fla. 3d DCA 1968); All-Dixie Ins. Agency v. Moffatt, 212 So.2d 347, 350 (Fla. 3d DCA 1968).

AFFIRMED.


Summaries of

Smith v. Loehmann's Inc.

District Court of Appeal of Florida, Third District
Dec 20, 1988
534 So. 2d 1248 (Fla. Dist. Ct. App. 1988)
Case details for

Smith v. Loehmann's Inc.

Case Details

Full title:FRED STANTON SMITH, AS RECEIVER FOR N.H. MORLEY COMPANY, A FLORIDA…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 20, 1988

Citations

534 So. 2d 1248 (Fla. Dist. Ct. App. 1988)