1700 RINEHART, LLC v. Advance America

SCHWARTZ, A., Senior Judge.

The lessor of commercial space in the City of Sanford appeals from an adverse summary judgment in an action for unpaid rent against the guarantor of the tenant’s obligations under the lease. The trial court based its decision on the conclusion that the lease was invalid for lack of consideration because, under the city’s zoning and use regulations, the premises could not be legally employed for a check cashing facility, the only purpose both sides knew it was intended. We affirm but for the very different (and very inconsistent) reason that the lessee properly…