SUNTRUST BANK, SOUTH FLA., N.A. v. DAX KEY WEST GRILLS OF OF FLORIDA, INC.

No. 4D99-2889.

757 So.2d 1281 (2000)

SUNTRUST BANK, SOUTH FLORIDA, N.A. f/k/a Sunbank/South Florida, N.A., successor by merger with Flagler National Bank Of The Palm Beaches, Appellant/ Cross-Appellee, v. DAX KEY WEST GRILLS OF FLORIDA, INC., a Florida corporation, Fat Investors, Inc., a Florida corporation d/b/a Fat Tuesday, William H. Laughlin and Helen Laughlin, individually, Appellees/ Cross-Appellants.

District Court of Appeal of Florida, Fourth District.

May 31, 2000.


Attorney(s) appearing for the Case

Gene D. Lipscher of Alley, Maass, Rogers & Lindsay, P.A., Palm Beach, for appellant/cross-appellee.

Charles W. Musgrove and Donald P. Kohl, West Palm Beach, for appellees/cross-appellants.


PER CURIAM.

This is an appeal and cross-appeal from a final summary judgment awarding damages of $103,674.15 to appellant after appellees admitted liability for breaching a commercial real estate lease contract. We reverse the summary judgment and remand this case for a trial on the issue of damages because disputed issues of material fact exist as to whether appellant took possession of the premises after evicting appellees for its own account or for the account...

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