Metromedia Steakhouses Co. v. USAA Income Properties, III Ltd. Partnership ex rel. USAA Properties, Inc.
Florida District Courts of Appeal
Metromedia Steakhouses Co. v. USAA Income Properties, III Ltd. Partnership ex rel. USAA Properties, Inc., 714 So. 2d 1158 (1998)
1998 Fla. App. LEXIS 9417; 1998 WL 412456
Casanueva, Threadgill, Whatley
Metromedia Steakhouses Co. v. USAA Income Properties, III Ltd. Partnership ex rel. USAA Properties, Inc.
Opinion of the Court
Metromedia Steakhouses Company, L.P., Ltd., appeals the summary judgment awarding USAA Income Properties III Limited Partnership back rent based on a finding that Metromedia improperly terminated its lease with USAA. We reverse. The parties’ differing interpretations of the termination provisions of the lease reveal that the lease is ambiguous and that, therefore, resolution of this case by summary judgment was not appropriate. See Palazzolo v. Fessler, 680 So.2d 607 (Fla. 2d DCA 1996).
Reversed and remanded for further proceedings.
Reference
- Full Case Name
- METROMEDIA STEAKHOUSES COMPANY, L.P., LTD. v. USAA INCOME PROPERTIES, III LIMITED PARTNERSHIP by USAA PROPERTIES, INC., a Texas corporation, its General Partner
- Cited By
- 1 case
- Status
- Published