Florida District Courts of Appeal, 1988

Moloney v. Margate Commerce Center, Ltd.

Moloney v. Margate Commerce Center, Ltd.
Florida District Courts of Appeal · Decided April 27, 1988 · Dell, Hersey, Walden
527 So. 2d 217; 13 Fla. L. Weekly 1032; 1988 Fla. App. LEXIS 1639; 1988 WL 36877 (Southern Reporter, Second Series)

Moloney v. Margate Commerce Center, Ltd.

Opinion of the Court

PER CURIAM.

We reverse the judgment entered against Earle Moloney, individually, for damages done to premises leased by Margate Commerce Center, Ltd., to Moloney Coachbuild-ers, Inc. We do this because there were no proofs presented which would support this portion of the judgment against Mr. Molo-ney, individually. We reject the argument advanced by Margate that somehow the agreed order dated December 31, 1986, assigning liability as to unrelated counts in Margate’s amended complaint would suffice as a legal basis for holding Mr. Molo-ney liable, individually, for damages done to the leased premises when he was not a party to such lease.

In all other respects we find that no error has been demonstrated.

*218AFFIRMED IN PART; REVERSED IN PART.

HERSEY, C.J., and DELL and WALDEN, JJ., concur.

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