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SPEEDWAY SUPERAMERICA v. TROPIC ENTERPRISES

Nos. 2D05-2207, 2D05-2209.

966 So.2d 1 (2007)

SPEEDWAY SUPERAMERICA, LLC, Appellant, v. TROPIC ENTERPRISES, INC., Sunoco, Inc. (R & M), and Mascot Petroleum Company, Inc., Appellees. Sunoco, Inc. (R & M) and Mascot Petroleum Company, Inc., Appellants, v. Tropic Enterprises, Inc., and Speedway SuperAmerica, LLC, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 25, 2007.

Attorney(s) appearing for the Case

Kenneth J. Plante of Roetzel & Andress, L.P.A., Tallahassee, and Clayton W. Crevasse of Roetzel & Andress, L.P.A., Fort Myers, for Speedway SuperAmerica, LLC.

Jennifer S. Eden and Deborah B. Ansbro of Gronek & Latham, LLP, Orlando, for Sunoco, Inc. (R & M) and Mascot Petroleum Co., Inc.

Christopher J. Greene of Brant, Abraham, Reiter, McCormick & Greene, P.A., Jacksonville, and David S. Maglich of Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, P.A., Sarasota, for Tropic Enterprises, Inc.

CANADY, Judge.

In this consolidated appeal, we consider a dispute arising from a landlord's refusal to grant consent to the assignment of a commercial lease. The trial court determined that the landlord, Tropic Enterprises, Inc., had an unfettered right under the lease to withhold its consent to the assignment of the lease made by the tenant, Speedway SuperAmerica, LLC, to the assignee, Sunoco, Inc. (R & M). Because we conclude that the trial court erred in making...

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