Wesner v. JMS Marinas, LLC

SILBERMAN, Judge.

Daniel Wesner, d/b/a Fish Tales (“Wes-ner”), seeks review of the partial summary judgment awarding JMS Marinas, LLC, d/b/a Maximo Harborage Marina (“JMS”), possession of the leased premises that are the subject of this action for eviction and related damages. We conclude that the trial court erred in granting summary judgment because there is a genuine issue of material fact regarding JMS’s standing to seek possession of the leased premises. We therefore reverse and remand for further proceedings.

The underlying action arose from a dispute over the payment of percentage rents…