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EAST COAST ADVERTISING, INC. v. WISEHEART

No. 3D03-659.

862 So.2d 734 (2003)

EAST COAST ADVERTISING, INC. and Charles Hancock, Appellants, v. Malcolm WISEHEART, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 14, 2004.

Attorney(s) appearing for the Case

Thomas W. Risavy, for appellants.

Beckham & Beckham and Pamela Beckham, for appellee.

Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.

SCHWARTZ, Chief Judge.

This is an action for non-payment of the rent provided in a lease of property for a potential billboard, which was defended on the sole ground of failure of consideration because existing zoning restrictions in fact prevented that use. See Marks v. Fields, 160 Fla. 789, 36 So.2d 612 (1948); La Rosa Del Monte, Inc. v. G.S.W. Enters. Corp., 483 So.2d 472

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