Legal Opinion · Dissent

Park Adult Residential Facility, Inc. v. Dan Designs, Inc.

District Court of Appeal of Florida

Decided May 26, 2010No. 3D09-3235Published

1DissentCope, J.

As the failure to make the payment was not the fault of the litigant, we should affirm the order now under review.

I

This is a commercial eviction case in which Park Adult Residential Facility, Inc. is the landlord and Dan Designs, Inc. is the tenant. The property is located on Ocean Drive in Miami Beach. The tenant took possession in 2002.

In 2006, the parties renewed the lease for a five-year term. The tenant paid the landlord $150,000 upon the renewal for capital improvements and costs reimbursements.

In 2009, the landlord filed a complaint for eviction for nonpayment of rent for the month of…

2Cases cited6 opinions

  1. Kozel v. OstendorfSupreme Court of Florida · 1994
  2. FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLCSupreme Court of Florida · 2008
  3. Beasley v. GirtenSupreme Court of Florida · 1952
  4. Tampa-Hillsborough Cty. Expressway Auth. v. KE MORRIS ALIGN. SERVICE, INC.Supreme Court of Florida · 1983
  5. Kosoy Kendall Associates, LLC. v. Los Latinos Restaurant Inc.District Court of Appeal of Florida · 2009

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