METROMEDIA STEAKHOUSES CO., L.P., LTD. v. USAA INCOME PROPERTIES, INC.

No. 97-03146.

714 So.2d 1158 (1998)

METROMEDIA STEAKHOUSES COMPANY, L.P., LTD., Appellant, v. USAA INCOME PROPERTIES, III LIMITED PARTNERSHIP by USAA PROPERTIES, INC., a Texas corporation, its General Partner, Appellee.

District Court of Appeal of Florida, Second District.

July 24, 1998.


Attorney(s) appearing for the Case

Amy S. Farrior and Raymond T. Elligett, Jr. of Schropp, Buell & Elligett, P.A., Tampa, for Appellant.

R. Nathan Hightower of MacFarlane Ferguson & McMullen, Clearwater, for Appellee.


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....

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