1700 RINEHART, LLC v. ADVANCE AMERICA

No. 5D09-3759.

51 So.3d 535 (2010)

1700 RINEHART, LLC, Appellant, v. ADVANCE AMERICA, Cash Advance Centers, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

December 17, 2010.


Attorney(s) appearing for the Case

Matthew G. Brenner and Ronald D. Edwards, Jr. , of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellant.

Carrie Ann Wozniak , of Akerman Senterfitt, Orlando, for Appellee.


SCHWARTZ, A., Senior Judge.

The lessor of commercial space in the City of Sanford appeals from an adverse summary judgment in an action for unpaid rent against the guarantor of the tenant's obligations under the lease. The trial court based its decision on the conclusion that the lease was invalid for lack of consideration because, under the city's zoning and use regulations, the premises could not be legally employed for a check cashing facility, the only purpose...

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