CITY OF MIAMI BEACH v. CARNER

Nos. 89-2726, 89-3003, 89-3004, 90-49, 90-50 and 90-126.

579 So.2d 248 (1991)

CITY OF MIAMI BEACH, Florida, a Florida Municipal Corporation, and Miami Beach Redevelopment Agency, a Public Agency Existing under the Laws of Florida, Appellants, v. Stephen CARNER, Irwin H. Mason, and Lis, Inc., a Florida Corporation, As General Partners in Carner-Mason Associates, Ltd., a Florida Limited Partnership, D/B/a Miami Beach Marina, Appellees.

District Court of Appeal of Florida, Third District.

April 30, 1991.


Attorney(s) appearing for the Case

Daniels & Talisman and Sam Daniels, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel S. Perwin, Miami, Laurence Feingold, Miami Beach, for appellants.

Steel, Hector & Davis and Gerry S. Gibson and Thomas M. Karr, Miami, for appellees.

Before NESBITT, BASKIN and JORGENSON, JJ.


NESBITT, Judge.

This is a consolidated appeal of orders entered on partial summary judgment and final judgment following a jury trial in a breach of contract case. Based on the following analysis, we reverse and remand for a new trial.

Facts

While the specific facts relevant to each issue will be set forth within this opinion as necessary, the foundation facts are that in 1983 Carner-Mason Associates...

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