Wenboy Ltd. Partnership v. Rockledge Bar-B-Q, Inc.

HARRIS, Judge.

Wenboy Limited Partnership (Wenboy) timely appeals from a final judgment permitting reinstatement of a lease with Rock-ledge Bar-B-Q, Inc. (Rockledge).

Wenboy, a West Virginia corporation, owned certain real property located in Bre-vard County and leased the property to Rockledge for operation of a Fat Boy’s Bar-B-Q restaurant. The lease was to terminate on December 31, 2007, provided Rockledge, among other conditions, paid the monthly rent plus any taxes levied on the premises. The lease contained the following provisions:

4. HOLDING OVER.

In the event that Lessee remains in…