Skylake Insurance Agency, Inc. v. NMB Plaza, LLC

On Rehearing

COPE, J.

On consideration of the appellee’s motion for rehearing, the court withdraws its previous opinion and substitutes the following opinion.

This is an appeal of a summary final judgment in a commercial landlord-tenant dispute. The question is whether the commercial ten-year lease in this case is enforceable by specific performance, and if not, whether the tenant has a cause of action for damages.

I

The landlord, NMB Plaza, LLC, is the developer of an office building in North Miami Beach, Florida. While the building was under construction, the landlord signed a ten-year lease…