Metromedia Steakhouses Co. v. USAA Income Properties, III Ltd. Partnership ex rel. USAA Properties, Inc. , 1998 Fla. App. LEXIS 9417 ( 1998 )


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  • WHATLEY, Judge.

    Metromedia Steakhouses Company, L.P., Ltd., appeals the summary judgment awarding USAA Income Properties III Limited Partnership back rent based on a finding that Metromedia improperly terminated its lease with USAA. We reverse. The parties’ differing interpretations of the termination provisions of the lease reveal that the lease is ambiguous and that, therefore, resolution of this case by summary judgment was not appropriate. See Palazzolo v. Fessler, 680 So.2d 607 (Fla. 2d DCA 1996).

    Reversed and remanded for further proceedings.

    THREADGILL, A.C.J., and CASANUEVA, J., concur.

Document Info

Docket Number: No. 97-03146

Citation Numbers: 714 So. 2d 1158, 1998 Fla. App. LEXIS 9417

Judges: Casanueva, Threadgill, Whatley

Filed Date: 7/24/1998

Precedential Status: Precedential

Modified Date: 10/18/2024