Florida Atlantic Marine, Inc. v. Seminole Boatyard, Inc.

STONE, Judge.

Following a non-jury trial, the trial court entered a judgment in favor of Appellee, the landlord under a commercial lease of a boatyard facility. This judgment was founded, at least in part, on an erroneous conclusion by the trial court that the parties had abandoned their written ten-year lease (which included an option to purchase) and entered *220into a superseding “oral contract.” The parties, however, never pled, nor raised as issues, the existence of an oral contract, and the trial court’s conclusion is not supported by the record.

The parties entered into a written…