DREAM CLOSET, INC. v. PALM BEACH MALL, LLC

No. 4D07-2993.

991 So.2d 910 (2008)

DREAM CLOSET, INC., a Florida corporation d/b/a "Players of Palm Beach Mall," Appellant, v. PALM BEACH MALL, LLC, a Delaware limited liability company, as successor in interest to Simon Property Group, L.P., a Delaware limited partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

August 6, 2008.


Attorney(s) appearing for the Case

F. Malcolm Cunningham, Jr. and Amy L. Fischer of The Cunningham Law Firm, P.A., West Palm Beach, for appellant.

Robert Bruce McCausland of McKenna & McCausland, P.A., Ft. Lauderdale, for appellee.


KLEIN, J.

The tenant in a mall appeals a judgment evicting the tenant and awarding the possession of the premises to the landlord. The landlord, which failed to prove the amount of rent due, argues that we should affirm the judgment because the payment by the tenant of the rent into the registry of the court was proof that the rent was in default. We do not agree with that argument and reverse.

In May 2007, the landlord served the tenant with a notice of default...

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