METROPOLITAN LIFE INSURANCE COMPANY, A NEW YORK CORPORATION, APPELLANT,
v.
ROBERT S. AUSTIN AND ALFRED S. AUSTIN, CO-PARTNERS, D/B/A AUSTIN DEVELOPMENT COMPANY, ET AL., APPELLEES
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This case involves a dispute over the hours during which air conditioning must be provided under a commercial lease. The appellate court reversed the trial court's denial of a permanent injunction, finding that the tenant was entitled to air conditioning during the hours specified in the lease, even if not previously provided.
Yes, the trial court erred in denying the permanent injunction. While the court could not find error in rejecting Metropolitan's claim for air conditioning from 6:00 p.m. to 9:00 p.m. on weekdays based on conflicting evidence, it found that Metropolitan was entitled to air conditioning during the hours of 8:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 1:00 p.m. on Saturdays, as stipulated in the lease.
“The lease between Metropolitan and the appellees states that air conditioning will be provided by the lessor “during usual business hours.””
Establishes the core contractual term at issue.
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Join FLexlaw to unlock all legal intelligenceMetropolitan Life Insurance Company leased premises from Robert S. Austin and Alfred S. Austin, with the lease stipulating that air conditioning would…
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PER CURIAM.
Metropolitan Life Insurance Company brought suit seeking temporary and permanent injunctive relief requiring the appel-lees to furnish air conditioning during usual business hours to premises leased by Metropolitan. The trial court granted a temporary injunction, but after a nonjury trial, the court entered an order dissolving the temporary injunction and denying Metropolitan’s request for permanent injunctive relief. Metropolitan appeals from that order. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B).
The lease between Metropolitan and the appellees states that air conditioning will be provided by the lessor “during usual business hours.” The evidence was that usual business hours include approximately 8:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 1:00 p.m. on Saturdays. However, Metropolitan contends that air conditioning should be provided during its usual business hours of 8:00 a.m. to 9:00 p.m. on weekdays and 9:00 a.m. to 1:00 p.m. on Saturdays. Because there was evidence to the contrary, we cannot find that the trial court erred in rejecting Metropolitan’s argument that air conditioning must be provided from 6:00 p.m. to 9:00 p.m. on weekdays.
Prior to the filing of this lawsuit, air conditioning was not provided during all the hours of 8:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 1:00 p.m. on Saturdays. Metropolitan is entitled to air conditioning during those hours.
Accordingly, we REVERSE and REMAND for entry of relief consistent with our foregoing opinion.
HOBSON, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
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Metro. Life Ins. Co. v. Austin, 461 So. 2d 252 (Fla. 2d DCA 1984)…from 8:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays. We also held that the trial court did not err in rejecting the lessee’s argument that air conditioning should be provided from 6:00 p.m. to 9:00 p.m. on weekdays. 433 So. 2d 36. The trial court had previously entered a temporary injunction requiring lessor to provide air conditioning from 8:00 a.m. to 9:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays. After remand by this court, the lessee asked the trial…