Legal Opinion · Concurrence

Presley v. Ponce Plaza Associates

District Court of Appeal of Florida

Decided December 9, 1998No. 97-3527Published

1ConcurrenceCope, J.

(specially concurring).

I concur that the summary judgment must be reversed, but disagree on the reasoning.

I

In 1993, the appellee landlord leased space to Michael R. Presley’s law firm. The lease *330identifies the tenant as Michael R. Presley, P.A., and the lease was signed by Michael R. Presley, president. The landlord did not obtain a personal guarantee of the lease from Presley individually.

Twenty months before the end of the lease, the tenant vacated the premises and stopped paying rent. The landlord sued Presley individually for the rent due for the final twenty months of the term.

The…

2Cases cited5 opinions

  1. Dania Jai-Alai Palace, Inc. v. SykesSupreme Court of Florida · 1984
  2. Harry Rich Corp. v. FeinbergDistrict Court of Appeal of Florida · 1987
  3. Rupp v. SchonDistrict Court of Appeal of Florida · 1992
  4. Schwartz v. SPECTRATECH INK COMPANYDistrict Court of Appeal of Florida · 1990
  5. Terranova Corp. v. FriedDistrict Court of Appeal of Florida · 1989

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