C.R. Theatricals, Inc. v. Concert Ass'n of Florida
C.R. Theatricals, Inc. v. Concert Ass'n of Florida
Opinion of the Court
We agree with Appellant that the trial court’s final summary judgment must be reversed. At the very least, it is clear that in the light most favorable to the non-moving party, there are disputed issues of material fact concerning whether the provisions of the contract being litigated in this case are in conflict, and how such conflicts should be resolved.
Reversed and remanded for further proceedings.
FLETCHER and SORONDO, JJ., concur.
Dissenting Opinion
(dissenting in part).
I too would reverse, but for entry of summary judgment on liability in favor of the appellant. In my view, the appellee landlord is liable as a matter of law under paragraph twelve of the lease for the damage to its tenant’s sets, props, and costumes caused when it activated its deluge sprinkler system.
. A handwritten portion of paragraph twelve states:
Licensor [appellee] shall not disturb, move or alter licensees [sic][appellant’s] sets, props or costumes, etc., and assumes liability for any damage done to same or for loss of income due to such damage, [sic] If such damage occurs during periods of- use by entities other than C.R. Productions, [e.s.]
On the other hand, the allegedly contrary provisions of paragraphs 16, 19 and 29 of the lease cited by the landlord, have no application to the present claim.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.