Legal Opinion · Dissent

Chrysler Realty Corp. v. Davis

District Court of Appeal of Florida

Decided July 21, 2004No. 4D02-3755Published

1DissentMay, J.

I respectfully dissent. The trial court found “the best rights that Chrysler ever obtained was the rights that — that Frontier had. And Frontier’s rights were extinguished” when Frontier defaulted. I would affirm this ruling.

“It is a well-settled principle of landlord-tenant law that a sublease rises and falls with the master lease, and that a sublessee can take no greater rights in demised property than its sublessor.” Thai v. S.G.D. Corp., 625 So.2d 852, 853 (Fla. 3d DCA 1993). Thus, Chrysler could not obtain any greater rights than Frontier had under the Lease.

The majority agrees that the…

2Cases cited2 opinions

  1. Thal v. SGD CORPORATIONDistrict Court of Appeal of Florida · 1993
  2. Vandervalk v. BrewerDistrict Court of Appeal of Florida · 1983

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