SKYLAKE INS. AGENCY, INC. v. NMB PLAZA, LLC

No. 3D07-454.

23 So.3d 175 (2009)

SKYLAKE INSURANCE AGENCY, INC., Appellant, v. NMB PLAZA, LLC, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 28, 2009.


Attorney(s) appearing for the Case

Scott Alan Orth, Miami Shores, for appellant.

Bennett G. Feldman, Miami, for appellee.

Brigham Moore and John W. Little, III, West Palm Beach; Goldman, Felcoski & Stone and Robert W. Goldman, Naples, for amicus curiae, The Real Property, Probate & Trust Law Section of The Florida Bar.

Before RAMIREZ, C.J. and COPE and SALTER, JJ.


On Rehearing

COPE, J.

On consideration of the appellee's motion for rehearing, the court withdraws its previous opinion and substitutes the following opinion.

This is an appeal of a summary final judgment in a commercial landlord-tenant dispute. The question is whether the commercial ten-year lease in this case is enforceable by specific performance, and if not, whether the tenant has a cause of action for damages.

I.

The...

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