Leasehold Interest

274 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Canaveral Marine Inc. v. Canaveral Port Auth.
  244 So. 2d 764· Fla. 4th DCA· 1971-01-29 ·cited 2×
  The court held that the State Road Department could establish a limited access facility on a right-of-way even without holding fee simple title, and the plaintiff lacked standing to challenge the title acquisition.
• Arnow v. TAX Assessor
  32 Fla. Supp. 106· Dade Cty. Cir. Ct.· 1968-11-18 ·cited 2×
  The court held that the tax assessment was not overvalued because the plaintiff failed to demonstrate overvaluation and the income capitalization approach requires economic rent.
• Select Lake City Theatre Operating Co. v. Cent. Nat'l Bank IN Chicago under Tr. Agreement Dated December 14
  277 F.2d 814· 7th Cir.· 1960-05-09 ·cited 2×
  The court held that the lessee has no compensable interest in the condemned property because the lease terminated upon condemnation and neither federal nor state law grants such an interest after condemnation proceedings have commenced.
• The Lumbermens Mut. Ins. Co. OF Mansfield v. Cantex Mfg. Co.
  262 F.2d 63· 5th Cir.· 1958-11-19 ·cited 2×
  The court held that the insured's right to remove property is irrelevant to whether it constitutes an 'improvement or betterment' under an insurance policy if it has been substantially annexed to the realty.
• Brooks v. Superior Oil Co.
  198 F.2d 89· 8th Cir.· 1952-07-15 ·cited 2×
  The court held that the trial court erred in dismissing the materialmen's lien claim by misinterpreting Arkansas lien law, which had been clarified by a subsequent Arkansas Supreme Court decision.
• United States v. 5.42 Acres OF Land
  182 F.2d 787· 3d Cir.· 1950-06-01 ·cited 2×
  The court held that the fair market value of a leasehold interest taken by condemnation is the proper measure of just compensation when such a standard is readily available, excluding evidence of special value to the condemnee.
• United States v. 1.87 Acres OF Land IN City OF Philadelphia
  155 F.2d 113· 3d Cir.· 1946-03-26 ·cited 2×
  The court held that the trial court did not err in submitting the issues of fee value and leasehold value to the same jury simultaneously, nor in instructing the jury that the leasehold extended for its full term.
• Hillsborough Cnty. Aviation Auth. v. Henriquez
  Fla. 2d DCA· 2023-07-07 ·cited 1×
  The court reversed a lower court's decision denying tax exemptions for airport properties leased to private entities. The appellate court found that the properties served a governmental purpose as defined by statute, making them exempt from ad valorem taxes.
• Balch v. THE Bank of NEW York Mellon
  351 So. 3d 114· Fla. 2d DCA· 2022-10-28 ·cited 1×
  This case involves an individual, Sherman Balch, who attempted to appeal a foreclosure judgment. The appellate court dismissed his appeal, finding he lacked standing because he was not a party to the original action and failed to properly pursue his motion to intervene.
• CSC Serviceworks, Inc. v. Boca Bayou Condo Assoc.
  240 So. 3d 12· Fla. 4th DCA· 2018-03-07 ·cited 1×
  CSC Serviceworks appeals a final judgment in an unlawful detainer action brought by Boca Bayou Condominium Association and Commercial Laundries after the Association terminated Serviceworks' laundry equipment lease and selected Commercial as the new provider. The court affirmed t
• Dames v. 926 Co., Inc.
  925 So. 2d 1078· Fla. 4th DCA· 2006-03-15 ·cited 1×
  In this eminent domain apportionment case, the court reversed the trial court's denial of the Dames' claim for compensation based on their leasehold interest in property taken by the Delray Beach Community Redevelopment Agency. The court held that the Dames had a compensable leas
• USA Independence Mobilehome Sales, Inc. v. City OF Lake City
  908 So. 2d 1151· Fla. 1st DCA· 2005-08-19 ·cited 1×
  USA Independence Mobile Home Sales, Inc. appeals the trial court's denial of its inverse condemnation claim against the City of Lake City and Columbia County following the construction of a road extension that eliminated direct highway access to its leased mobile home sales cente
• New Port Largo, Inc. v. Monroe Cnty.
  856 F. Supp. 659· S.D. Fla.· 1994-04-01 ·cited 1×
  The court held that a genuine issue of material fact exists regarding whether the rezoning constituted a taking, and thus denied summary judgment. The court also determined that if a taking is found, the period of liability would run from the rezoning date to the date the plainti
• Ocean Prods., Inc. v. Schleman
  23 Fla. Supp. 198· Hillsborough Cty. Cir. Ct.· 1964-09-04 ·cited 1×
  Ocean Products, Inc. challenges ad valorem real property taxes levied on land owned by the Tampa Port Authority and leased to Ocean Products and Pure Oil Company. The court holds that while the port authority's fee interest is immune from taxation, the lessees' leasehold interest
• Mars v. Spanos
  D.D.C.· 1943-12-06 ·cited 1×
  A lease covenant against assignment benefits only the lessor and can be waived; oral transfers of lease interests are enforceable when part performance exists.
• Mark III Media, Inc.
  Del. Super. Ct.· 2026-02-27
  Mark III Media and Wyomedia sold twelve broadcast television stations to Big Horn Television and Front Range Television via two asset purchase agreements. The dispute concerns contractual representations regarding access to two transmission sites in Wyoming and the validity of a
• Voss v. Voss
  Fla. 2d DCA· 2025-12-03
  When a defendant in an unlawful detainer action asserts an equitable interest in the property, the matter must be treated as ejectment, which is within the exclusive jurisdiction of circuit courts, and county courts lack subject matter jurisdiction to hear such claims.
• Havana Docks Corp. v. Royal Caribbean Cruises, Ltd.
  S.D. Fla.· 2020-04-17
  Havana Docks Corporation, a U.S. national holding a Foreign Claims Settlement Commission-certified claim to property in Havana, Cuba confiscated by the Cuban Government in 1960, sued Royal Caribbean Cruises under Title III of the Helms-Burton Act (LIBERTAD Act) alleging that Roya
• Pensacola Beach, Inc. v. Via De Luna Corp.
  Fla. 1st DCA· 2020-04-15
  This case involves a commercial real estate mortgage default and foreclosure. The appellate court affirmed the lower court's decision, ruling that the appellants' attempts to redeem the property were procedurally barred and lacked merit. The court found that the sublease was effe
• Pensacola Beach, L.L.C. v. Am. Fid. Life Ins. Co.
  Fla. 1st DCA· 2020-04-15
  This case involves consolidated appeals concerning a commercial real estate mortgage default and foreclosure. The appellants, primarily Pensacola Beach, Inc. (PBI) and Pensacola Beach Limited Liability Company (PBLLC), attempted to redeem the property after foreclosure, arguing t
• Pensacola Beach, Inc. v. Via De Luna Corp.
  Fla. 1st DCA· 2020-04-15
  This case involves a commercial real estate mortgage default and foreclosure where appellants attempted to redeem the property. The court affirmed the lower court's decision, finding that the appellants' claims were procedurally barred and lacked merit.
• Pensacola Beach, L.L.C v. Am. Fid. Life Ins. Co.
  Fla. 1st DCA· 2020-04-15
  This case involves consolidated appeals concerning a commercial real estate mortgage default and foreclosure. The appellants, primarily Pensacola Beach, Inc. (PBI) and Pensacola Beach Limited Liability Company (PBLLC), attempted to redeem the property and asserted various claims,
• Pensacola Beach, L.L.C. v. Am. Fid. Life Ins. Co.
  Fla. 1st DCA· 2020-04-15
  This case involves consolidated appeals concerning a commercial real estate mortgage default and foreclosure, primarily focusing on the appellants' attempts to redeem the property. The appellate court affirmed the lower court's decisions, finding that the appellants' claims were
• Bank OF NEW York Mellon v. P2D2, LLC
  100 So. 3d 205· Fla. 2d DCA· 2012-10-31
  Bank of New York Mellon appealed orders denying its motion to vacate default and granting summary judgment quieting title in favor of P2D2, LLC. The court affirmed the denial of the motion to vacate default but reversed the summary judgment, holding that a mortgage executed by a
• Cascella v. Canaveral Port Auth.
  6 So. 3d 696· Fla. 5th DCA· 2009-03-20
• Ervin A. Higgs v. Warrick
  994 So. 2d 492· Fla. 3d DCA· 2008-11-12
  A property appraiser appealed a trial court's grant of homestead exemption to a homeowner who placed his residence in a trust and later transferred it to heirs while retaining a 99-year lease. The court affirmed, holding that under Florida's plain language statutes, a lessee with
• IN & FOR NEW Castle Cnty. Marie S. Hendry
  Del. Ch.· 2006-05-26
  The Court enforced a prior order finding an oral settlement agreement to be enforceable, which required Gordon Hendry to convey all his right, title, and interest in Parcel A, the income-producing portion of the property, to the Estate of David J. Hendry. Consequently, Gordon Hen
• KEY Largo Marina, Inc. v. Sabin
  784 So. 2d 519· Fla. 3d DCA· 2001-04-18
• Downey v. The Surf Club Apts., Inc.
  667 So. 2d 414· Fla. 3d DCA· 1996-01-17
  In this cooperative apartment dispute, the Florida District Court of Appeal affirmed summary judgment for Surf Club Apartments, Inc., holding that a cooperative apartment resident's ownership interest is solely dependent on stock ownership in the corporation, and that sale of sto
• City OF Ormond Beach & River Bend Inv. Grp., Inc. v. Volusia Cnty.
  625 So. 2d 964· Fla. 5th DCA· 1993-10-22
  The court held that ad valorem tax assessments of municipally-owned property must reflect fair market value without regard to leases, but reversed and remanded because the trial court failed to address whether the County overassessed the actual fair market value.
• City OF Daytona Beach v. Volusia Cnty.
  625 So. 2d 963· Fla. 5th DCA· 1993-10-22
  The City of Daytona Beach's appeal of a tax assessment on leased property is reversed and remanded because, while the County properly included leasehold value in the assessment under Capital City Country Club v. Tucker, the trial court failed to address whether the fair market va
• Fed. Deposit Ins. Corp. v. Royce LEE
  988 F.2d 838· 8th Cir.· 1993-03-16
  The court held that the district court's findings regarding lease amendment approval and the continued validity of the original deed of trust were not clearly erroneous or legally incorrect, and thus affirmed the foreclosure judgment.
• Zahrt v. Ocean Manor Props., Inc.
  613 So. 2d 519· Fla. 4th DCA· 1993-01-20
  The court held that adultery is not a valid reason to deny a spouse a share of marital assets or rehabilitative alimony, absent a showing of related depletion of assets, and that the burden is on the pensioned spouse to prove pre-marital portions of their pension.
• Allison v. Ticor Title Ins. Co.
  979 F.2d 1187· 7th Cir.· 1992-11-12
  The court held that Ticor breached its duty to defend its insureds and is estopped from asserting policy exclusions, and that title insurers are not exempt from prejudgment interest statutes.
• Nat'l R.R. Passenger Corp. v. Faber Enters., Inc.
  931 F.2d 438· 7th Cir.· 1991-05-03
  A tenant is not entitled to compensation for fixtures that become the landlord's property under the lease, nor for personal property abandoned after condemnation if removal would have been required upon lease expiration.
• Valley Transit MIX OF Ruidoso, Inc. v. Ira B. Miller
  928 F.2d 354· 10th Cir.· 1991-03-19
  The court held that a mechanics lien foreclosure claim against property owned by a non-debtor, but subject to a debtor's leasehold interest, is stayed by the automatic stay provisions of the Bankruptcy Code, thus tolling the statutory enforcement period.
• Nehe, Inc. v. Liflans Corp.
  569 So. 2d 839· Fla. 3d DCA· 1990-11-06
• United Nuclear Corp. v. The United States
  912 F.2d 1432· Fed. Cir.· 1990-08-24
  The court held that the United States is not responsible for the alleged taking of United Nuclear Corporation's mining rights, as the dispute and the actions causing the loss were those of the Navajo Tribe, not the federal government. Furthermore, the court found no regulatory ta
• Fort Lauderdale & S. Dev. Corp. v. Beach Boys Plaza, Inc.
  539 So. 2d 560· Fla. 4th DCA· 1989-03-08
  Fort Lauderdale & Southern Development Corp. appeals a trial court decision dissolving an injunction against Beach Boys Plaza's use of vacated Southeast Fourth Street. The court reversed, holding that Fort Lauderdale's 1975 assignment of future interest in the street to Varuna, I
• L.M. Adamson v. First Fed. Sav. & Loan Ass'n of Andalusia
  519 So. 2d 1036· Fla. 1st DCA· 1988-01-15
  L.M. Adamson Construction Company appealed a foreclosure judgment in which the trial court found that First Federal's construction mortgage and purchase money mortgage had priority over Adamson's mechanic's lien on certain property. The court reversed as to the purchase money mor
• Direct Mail Servs., Inc. v. Best
  729 F.2d 672· 10th Cir.· 1984-03-08
  A lessee cannot maintain an action against the State for apportionment of just compensation after payment to the lessor, as the State is only obligated to pay the fair market value of the property as an undivided fee.
• Dep't OF Revenue v. Bichimer
  390 So. 2d 822· Fla. 1st DCA· 1980-12-04
  The Department of Revenue appealed a summary judgment that voided its assessment of documentary stamp tax on an assignment of a shopping center lease. The court held that unassumed mortgages on the leased property do not constitute taxable consideration for an assignment of a lea
• Tyrus M. Dorman v. Pan-American Invs., Inc.
  625 F.2d 605· 5th Cir.· 1980-09-10
  A party not licensed as a real estate broker cannot recover a finder's fee, and a party cannot claim a fee for releasing a leasehold interest if that interest had expired and lacked a colorable claim.
• Middendorf v. Fuqua Indus., Inc.
  623 F.2d 13· 6th Cir.· 1980-06-16
  The court held that Fuqua, as the successor to a dissolved corporation that held a lease, was liable as a principal obligee under the lease, not merely secondarily liable for corporate debt, and that the damages awarded for breach of the repair covenant were properly calculated.
• Fla. Power Corp. v. Parker
  370 So. 2d 45· Fla. 1st DCA· 1979-04-17
  Florida Power Corporation appealed a jury verdict awarding compensatory and punitive damages to fee owners for erecting power lines and poles on their land without consent. The court affirmed, holding that Florida Power was not entitled to a directed verdict and that evidence sup
• Buckley Towers Condo., Inc. v. Buchwald
  356 So. 2d 1306· Fla. 3d DCA· 1978-03-28
  Buckley Towers Condominium appeals the dismissal of its action seeking to enforce a statutory right of first refusal on the sale of a lessor's interest in a recreational lease. The court holds that the applicable statute cannot be retroactively applied to a lease executed before
• State of Fla. Dep't OF Revenue v. Gibbs
  342 So. 2d 562· Fla. 1st DCA· 1977-02-18
  The Florida Department of Revenue appealed a judgment in favor of the tax collector, contending that taxes on leasehold interests in governmentally owned property must be collected exclusively through a statutory procedure requiring legal action or tax executions rather than thro
• In re Penn Cent. Transp. Co.
  547 F.2d 208· 3d Cir.· 1976-12-28
  The court held that the Reorganization Court had jurisdiction over Penn Central's leasehold interest in the property and did not abuse its discretion in enjoining the City of New York's foreclosure action, affirming the order but with specific conditions.
• City OF Miami Beach v. Ellis
  279 So. 2d 335· Fla. 3d DCA· 1973-05-29
  The court modified its prior opinion to limit rent deduction to installments due before the defendant's answer was filed, adhering to the rest of the original judgment.
• Camp v. TAX Assessor
  37 Fla. Supp. 42· Escambia Cty. Cir. Ct.· 1972-05-30
  Leaseholders of Santa Rosa Island property challenged a 1971 Florida statute that imposed ad valorem taxes on leasehold interests previously exempt under earlier legislation. The court held that the leases executed before the statute's enactment were exempt from taxation based on