Boaters Paradise, Inc. v. Freburn Corp.

HENDRY, Judge.

Appellant-plaintiff Boaters Paradise, Inc. is the assignee of the original tenant under a commercial lease. It seeks review of and adverse summary final judgment in favor of the appellee-defendant Freburn Corp., the landlord.

Appellant, the tenant, instituted a declaratory judgment action to construe a clause in the lease concerning taxes, apparently to avoid being in default under the lease. Pursuant to the landlord’s counterclaim, the judgment appealed awarded the landlord the amount of increased ad valorem taxes under the clause sought to be construed. The clause is as follows: