Holm v. Demetree

SHARP, W., Judge.

Eric Holm, d/b/a Angels Diner, appeals from an order denying his motion for relief from a judgment against him for $927,222.00. That sum represents accelerated rent due on a twenty-year lease, discounted to present value, plus attorney’s fees and costs. Holm’s basis for relief pursuant to Florida Rule of Civil Procedure 1.540(b)(5) is that the lessor, the Demetrees, who obtained the judgment, have since leased the property to other parties, and they are now collecting rent on the premises. Holm argues that it is therefore inequitable for the Demetrees to have a judgment for…