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FLORIDA ATLANTIC MARINE v. SEMINOLE BOATYARD

Nos. 92-1276, 92-1279.

630 So.2d 219 (1993)

FLORIDA ATLANTIC MARINE, INC., a Florida corporation, Appellant, v. SEMINOLE BOATYARD, INC., a Florida corporation; Stephen Van Voast; George Whitten; and Juniper Seminole Properties, Ltd., a Florida limited partnership, Appellees.

District Court of Appeal of Florida, Fourth District.

Motions for Rehearing and Clarification Denied February 15, 1994.

Attorney(s) appearing for the Case

John W. Kearns, John W. Kearns, P.A., Coral Gables, Ellen Malasky, Alley, Maas, Rogers & Lindsay, P.A., Palm Beach, and John Beranek, Aurell Radey Hinkle Thomas & Beranek, Tallahassee, for appellant.

Margaret L. Cooper, Scott L. McMullen and Scott G. Hawkins, Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellees.

STONE, Judge.

Following a non-jury trial, the trial court entered a judgment in favor of Appellee, the landlord under a commercial lease of a boatyard facility. This judgment was founded, at least in part, on an erroneous conclusion by the trial court that the parties had abandoned their written ten-year lease (which included an option to purchase) and entered into a superseding "oral contract." The parties, however, never...

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