3679 WATERS AVENUE CORPORATION v. WATER STREET OVENS, LTD.

Nos. 2D98-2363, 2D98-4295.

779 So.2d 349 (2000)

3679 WATERS AVENUE CORPORATION, a Delaware nonprofit corporation, as successor in interest to Fire and Police Pension Association, a Body Corporate and Politic established pursuant to Colorado revised statutes, the assignee of Fashion Square Associates, Appellant/Cross-Appellee, v. WATER STREET OVENS, LTD., by its General Partner, OVENS MANAGEMENT, INC., a Pennsylvania corporation, d/b/a The Italian Oven, Inc.; S.W. Florida Ovens, Inc., a Pennsylvania corporation; Robert M. Thompson, Jr., individually; Joel S. Perr, individually; and Frank L. Grebowski, individually, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

Clarification Denied March 27, 2000.


Attorney(s) appearing for the Case

R. Nathan Hightower of Macfarlane Ferguson & McMullen, Clearwater, for Appellant/Cross-Appellee.

Thomas J. Roehn, Jodi L. Corrigan, and Jonathan B. Sbar of Annis, Mitchell, Cockey, Edwards & Roehn, P.A., Tampa, for Appellees/Cross-Appellants.


PATTERSON, Chief Judge.

3679 Waters Avenue Corporation (the landlord), the owner and operator of a shopping center, appeals from the final judgment determining that it breached its lease with the appellees (the tenants) and awarding damages. Because we hold that the lease is ambiguous with regard to the landlord's obligations regarding renovations, we reverse and remand for a new trial to allow the parties the opportunity...

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