Worth Avenue Associates, Ltd. v. Twenty-Four Collection, Inc.

Florida District Courts of Appeal November 14, 1984

Worth Avenue Associates, Ltd. v. Twenty-Four Collection, Inc., 462 So. 2d 470 (1984)

9 Fla. L. Weekly 2392; 1984 Fla. App. LEXIS 15933

Barkett, Green, Oliver, Walden

Concurring in Part

WALDEN, Judge,

concurring in part; dissenting in part:

I concur in the decision to affirm the appealed judgment except that I dissent as concerns its refusal to award the landlord reasonable attorney’s fees and costs.

The judgment found that the tenant breached the lease in three particulars, albeit minor breaches which did not warrant forfeiture. The judgment went on to order the tenant to remedy the breaches and honor the lease terms.

The provisions of the lease, Section 19.04, Additional Remedies of Landlord, specifically provide, as I read it, that the landlord “in case of any event of default” is to recover from the tenant costs and attorney’s fees. The tenant defaulted; ergo, the tenant, under the terms of the lease, is obligated to pay fees and costs. It is not appropriate for the trial court to ignore and rewrite such terms.

I would remand with instructions to award the landlord reasonable attorney’s fees and costs.

Opinion of the Court

PER CURIAM.

Affirmed.

*471BARKETT, J., and GREEN, OLIVER L„ Jr., Associate Judge, concur. WALDEN, J., concurs in part; dissents in part.

Reference

Full Case Name: WORTH AVENUE ASSOCIATES, LTD., and Murray H. Goodman, its general partner, Appellants/Cross-appellees v. The TWENTY-FOUR COLLECTION, INC., Appellee/Cross-appellant
Cited By: 1 case
Status: Published