BUCKY'S v. MILLENNIUM

No. 4D10-1849.

67 So.3d 1207 (2011)

BUCKY'S BARBEQUE OF FORT LAUDERDALE, LLC, and Mark Rodberg, Appellants, v. MILLENNIUM PLAZA ACQUISITION, LLC, a Florida limited liability company, by and through its General Manager, Millennium Fort Lauderdale, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

August 31, 2011.


Attorney(s) appearing for the Case

Richard M. Bales, Jr. , and Jason Klein of Bales Sommers & Klein, P.A., Miami, and Ronald G. Klein of Klein and Fortune, P.A., Hollywood, for appellants.

John J. Shahady of Yoss LLP, Fort Lauderdale, for appellee.


STEVENSON, J.

This appeal stems from breach of a lease agreement existing between the appellee, Millennium Plaza Acquisition, LLC ("Millennium"), as Landlord, and the appellant, Bucky's Barbeque of Fort Lauderdale, LLC ("Bucky's"), as Tenant. Appellant, Mark Rodberg, guaranteed payments under the lease. Millennium filed a motion for summary judgment that was granted by the trial court. Because the trial court did not properly determine damages, we reverse and remand...

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