Florida District Courts of Appeal, 1998

Metromedia Steakhouses Co. v. USAA Income Properties, III Ltd. Partnership ex rel. USAA Properties, Inc.

Florida District Courts of Appeal · Decided July 24, 1998 · Casanueva, Threadgill, Whatley

714 So. 2d 1158; 1998 Fla. App. LEXIS 9417; 1998 WL 412456 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Cook v. Cook (Fla. Dist. Ct. App. 1998)

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Opinion of the Court

WHATLEY, Judge.

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.

THREADGILL, A.C.J., and CASANUEVA, J., concur.

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