3618 Lantana Road Partners, LLC v. Palm Beach Pain Management, Inc.
57 So. 3d 966
| Fla. Dist. Ct. App. | 2011Background
- Appellant, a physician partnership, owns two commercial buildings; Palm Beach Pain Management, tenant in one building, signed an 84-month lease in February 2003.
- Rent is due on the first of each month; failure by the tenth constitutes default under the lease.
- Appellee failed to pay March, April, and May 2006 rent; payment was eventually made in late May after the partnership accelerated rent and sought eviction.
- Court held a non-jury eviction trial; Dr. Rogers claimed a rent credit of over $18,000 from retroactive monthly reductions, arguing no default.
- Other partners testified the credit was a monthly reduction, not a lump sum, so monthly rent obligations allegedly remained unchanged.
- After evidence was presented, the trial court involuntarily dismissed the eviction claim as having no default due to the rent credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the involuntary dismissal was proper | Rogers argued default existed and dismissal improperly weighed credibility. | Appellee argued credit negated default; trial court weighed credibility appropriately. | Dismissal improper; court should not weigh credibility at this stage and eviction claim survives. |
| Whether appellant proved a prima facie eviction case | Appellant presented sufficient evidence of default and nonpayment by due date. | Credit and payment timing disputed, undermining default. | Appellant established a prima facie eviction claim; three-day notice not required due to waiver. |
| Whether notice requirement was waived | Lease language allowed eviction without notice, waiving statutory notice under 83.20(2). | Waiver lacked clarity or was improperly invoked. | Notice was waived by lease language, satisfying the eviction process. |
Key Cases Cited
- Dream Closet, Inc. v. Palm Beach Mall, LLC, 991 So.2d 910 (Fla. 4th DCA 2008) (set forth elements of eviction under §83.20)
- Boudreau v. M & H Food Corp., 895 So.2d 501 (Fla. 2d DCA 2005) (eviction notice standards; waivers in leases)
- A.Z.3, Inc. v. Tampa Westshore Assocs. Ltd. P’ship, 869 So.2d 42 (Fla. 2d DCA 2004) (waiver of notice requirement in lease terms)
- Wright v. Emory, 41 So.3d 290 (Fla. 4th DCA 2010) (de novo review of involuntary-dismissal order)
- Tillman v. Baskin, 260 So.2d 509 (Fla.1972) (non-jury dismissal standards; factual weighing improper at initial stage)
- Lake Charleston Maint. Ass’n v. Farrell, 16 So.3d 182 (Fla. 4th DCA 2009) (limits on trial court fact-finding in dismissal context)
- Perez v. Perez, 973 So.2d 1227 (Fla. 4th DCA 2008) (standard for involuntary dismissal after plaintiff's case)