East Coast Advertising, Inc. v. Wiseheart

SCHWARTZ, Chief Judge.

This is an action for non-payment of the rent provided in a lease of property for a potential billboard, which was defended on the sole ground of failure of consideration because existing zoning restrictions in fact prevented that use. See Marks v. Fields, 160 Fla. 789, 36 So.2d 612 (1948); La Rosa Del Monte, Inc. v. G.S.W. Enters. Corp., *735483 So.2d 472 (Fla. 3d DCA 1986), review denied, 492 So.2d 1332 (Fla.1986).

The trial court, however, ruled as a matter of law that the defense was unavailable because the parties — most importantly the lessees, which were in the…