Smith v. American Motor Inns of Florida, Inc.

In his petition for rehearing Smith asserts that he should have been given credit for the $17,500 land-lease payment made by him during the period of his occupancy. Because Smith was charged with the value of his use and occupancy of the motel as determined by the district court, he claims that in effect this Court has imposed upon him a total rent obligation of $72,797.14.

As we stated in our opinion, the rental value of the land is subsumed in the total rental value of the motel property. Therefore, once Smith has been charged for the full use and occupancy value of the motel property, the…