Legal Opinion

Metromedia Steakhouses Co. v. USAA Income Properties, III Ltd. Partnership ex rel. USAA Properties, Inc.

District Court of Appeal of Florida

Decided July 24, 1998No. 97-03146PublishedCited by 1 opinion

1Opinion of the Court

WHATLEY, Judge.

Metromedia Steakhouses Company, L.P., Ltd., appeals the summary judgment awarding USAA Income Properties III Limited Partnership back rent based on a finding that Metromedia improperly terminated its lease with USAA. We reverse. The parties’ differing interpretations of the termination provisions of the lease reveal that the lease is ambiguous and that, therefore, resolution of this case by summary judgment was not appropriate. See Palazzolo v. Fessler, 680 So.2d 607 (Fla. 2d DCA 1996).

Reversed and remanded for further proceedings.

THREADGILL, A.C.J., and CASANUEVA, J., concur.

2Cases cited1 opinion

  1. Palazzolo v. FesslerDistrict Court of Appeal of Florida · 1996

3Cited by1 opinion

  1. Cook v. CookDistrict Court of Appeal of Florida · 1998