Henry v. D. S. M. Co.
Cases that cite this one
3 later published cases cite this decision.
- Burch v. Brinkley (Fla. Dist. Ct. App. 1980)
- Alfran Corp. v. Park Isles, Inc. (In re Alfran Corp.) (United States Bankruptcy Court, M.D. Florida 1980)
- Schwartzman v. Merritt Island Vol. Fire Dept. (Fla. Dist. Ct. App. 1977)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The parties to this case are landlord and tenant. They entered into a written lease which granted to the lessee/appellee an option to renew the lease for an additional three years. The lease did not specify that the option should be exercised in any particular form or by any particular time.
Both of the parties seem to take the position that the case was appropriate for summary judgment; they differ only as to which party was entitled to prevail. We have examined the record and find adequate evidentiary support therein for the trial judge’s conclusion that the renewal of the lease was validly exercised.
Appellant’s total reliance on Section 83.04 Florida Statutes (1975), is not justified in this case. Equitable considerations can vary the application of that statutory section. Ledford v. Skinner, 328 So.2d 219 (Fla. 1st DCA 1976).
Accordingly, the judgment appealed from is affirmed.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.