DONALD ORR, APPELLANT,
v.
THOMAS L. HAMMONS, GENERAL PARTNER OF BAYROCK INVESTMENT COMPANY, AN OHIO LIMITED PARTNERSHIP, AND BAYROCK INVESTMENT COMPANY, AN OHIO LIMITED PARTNERSHIP, APPELLEES
DONALD ORR, APPELLANT,
THOMAS L. HAMMONS, GENERAL PARTNER OF BAYROCK INVESTMENT COMPANY, AN OHIO LIMITED PARTNERSHIP, AND BAYROCK INVESTMENT COMPANY, AN OHIO LIMITED PARTNERSHIP, APPELLEES
682 So. 2d 614
Florida District Court of Appeal, Second District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Donald Orr appeals a summary judgment on his counterclaim alleging that Bayrock Investment Company breached a covenant of quiet enjoyment in his lease. Because there were disputed issues of material fact, summary judgment was improper. See National Exhibition Co. v. Ball, 139 So. 2d 489 (Fla. 2d DCA 1962). Accordingly, we reverse the summary judgment granted on the counterclaim alleging breach of the covenant of quiet enjoyment. We affirm the summary judgment on Orr’s counterclaim alleging inten tional interference with a business relationship, which was not argued on appeal.
Reversed in part, affirmed in part and remanded.
CAMPBELL, A.C.J., and BLUE and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Coral Wood Page, Inc. v. GRE Coral Wood, LP, 71 So. 3d 251 (Fla. 2d DCA 2011)…efor.” Carner, 106 So. 2d at 89 (quoting Winchester v. O’Brien, 266 Mass. 33, 164 N.E. 807, 809 (1929)). Because GRE failed to demonstrate the absence of material fact pertaining to the tenants’ affirmative defenses, we reverse. See Orr v. Hammons, 682 So. 2d 614 (Fla. 2d DCA 1996). Reversed and remanded for further proceedings. SILBERMAN, C.J., and WALLACE, J., Concur.…
Authorities Cited
- The Nat'l Exhibition Co. v. Ball, 139 So. 2d 489 (Fla. 2d DCA 1962)