Miller v. Nifakos
Cases that cite this one
14 later published cases cite this decision.
- CITIGROUP MORTGAGE LOAN TRUST, ETC v. SHARON SCIALABBA (Fla. Dist. Ct. App. 2018)
- DFRP Note Purchase Partners I, LP v. Bruno (Fla. Dist. Ct. App. 2016)
- Maib v. Federal Deposit Insurance (District Court, District of Columbia 2011)
- Maib v. Federal Deposit Insurance Corporation (District Court, District of Columbia 2011)
- PNC Bank, N.A. v. Progressive Employer Services II (Fla. Dist. Ct. App. 2011)
- Great Lakes Reinsurance (UK) PLC v. Morales (United States District Court for the Southern District of Florida 2010)
- Sierra Equity Group, Inc. v. White Oak Equity Partners, LLC (United States District Court for the Southern District of Florida 2009)
- BOCA GOLF VIEW, LTD. v. Hughes Hall, Inc. (Fla. Dist. Ct. App. 2003)
- Kaklamanos v. Allstate Ins. Co. (Fla. Dist. Ct. App. 2001)
- Rader v. Allstate Ins. Co. (Fla. Dist. Ct. App. 2001)
- Profilet v. Cambridge Financial Corp. (United States District Court for the Southern District of Florida 1999)
- AIB MORTG. CO. v. Sweeney (Fla. Dist. Ct. App. 1997)
- Keesee v. Keesee (Fla. Dist. Ct. App. 1996)
- Anthony Distributors, Inc. v. Miller Brewing Co. (United States District Court for the Middle District of Florida 1996)
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
Robert A. MILLER D/B/a Southern Center, Inc., Appellant,
v.
Peter NIFAKOS, Mary R. Rose, Andrew J. Rose and Bonnie G. Rose, Appellees.
District Court of Appeal of Florida, Fourth District.
*193 David M. Garten of Law Office of David M. Garten, West Palm Beach, for appellant.
Martin H. Colin of Law Offices of Martin H. Colin, Lake Worth, for appellees.
PER CURIAM.
We reverse the trial court's order granting appellees' motion for involuntary dismissal in this breach of commercial lease action.
A motion for involuntary dismissal must be denied if a plaintiff submits a prima facie case. Sea Tower Apartments, Inc. v. Century Nat'l Bank, 406 So.2d 69, 70 (Fla. 4th DCA 1981). Moreover, in ruling on a motion for involuntary dismissal, the trial court must view the evidence in the light most favorable to plaintiff. Saporito v. Madras, 576 So.2d 1342 (Fla. 5th DCA 1991). To establish a breach of contract, a party much show the existence of a contract, a breach thereof, and damages. Knowles v. C.I.T. Corp., 346 So.2d 1042 (Fla. 1st DCA 1977).
Viewing the evidence in the light most favorable to appellant, the record shows that (1) appellee did not pay the first month's rent as required by the lease, (2) appellee repudiated the lease, (3) appellee failed to pay certain costs and maintenance expenses, and (4) appellant suffered damages as a result of the breach. Thus, we hold that appellant established a prima facie case of breach of contract and we reverse.
REVERSE AND REMAND.
HERSEY, GLICKSTEIN and POLEN, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.