JGF 1560 LENOX AVENUE LLC v. BARRE MOTION, INC.

Third District Court of Appeal
State of Florida
Opinion filed October 26, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-391
Lower Tribunal No. 19-5047 CC
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JGF 1560 Lenox Avenue LLC,
Appellant,
vs.
Barre Motion, Inc., et al.,
Appellees.
An Appeal from the County Court for Miami-Dade County, Gloria
Gonzalez-Meyer, Judge.
Law Office of Ansana D. Singh, P.A., and Ansana D. Singh, for
appellant.
Weinstein & Cohen, P.A., and Judson L. Cohen, for appellees.
Before FERNANDEZ, C.J., and EMAS and GORDO, JJ.
GORDO, J.
JGF 1560 Lenox Avenue, LLC (“Lenox”) appeals a final summary
judgment in favor of Barre Motion, Inc., Julie A. Jacko, and Francois Sainfort
(collectively “Barre”). We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A).
We find no error in the trial court’s determination that the terms of the
agreements were clear and unambiguous and no genuine dispute of material
fact remained on the parties’ pleadings. Because it is undisputed Lenox
failed to provide the requisite notice of default and opportunity to cure, we
find summary judgment was proper as Barre was entitled to judgment as a
matter of law. See Bradley v. Sanchez, 943 So. 2d 218, 222 (Fla. 3d DCA
2006) (“Where the terms of the contract are clear and unambiguous,
summary judgment is appropriate.” (quoting Khosrow Maleki, P.A. v. M.A.
Hajianpour, M.D., P.A., 771 So. 2d 628, 631 (Fla. 4th DCA 2000))); Barco
Holdings, LLC v. Terminal Inv. Corp., 967 So. 2d 281, 289–90 (Fla. 3d DCA
2007) (affirming entry of summary judgment where the plain language of a
lease required a declaration of default by the landlord, with notice to tenant
and an opportunity to correct, and there was no factual dispute that the
landlord never declared a default, and tenant never received notice of
default).
Affirmed.
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