PHILIPS LAKE WORTH, L.P. v. BANKATLANTIC

Nos. 4D11-1300, 4D11-3015.

85 So.3d 1221 (2012)

PHILIPS LAKE WORTH, L.P., a New York limited partnership, Appellant, v. BANKATLANTIC, a federal savings bank; and Pier 1 Imports (U.S.), INC., a Delaware corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

May 2, 2012.


Attorney(s) appearing for the Case

Kendall B. Coffey and Kevin C. Kaplan of Coffey Burlington, Miami, for appellant.

Martin B. Woods of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Fort Lauderdale, for appellee BankAtlantic, a federal savings bank.


PER CURIAM.

Philips Lake Worth, L.P. ("Landlord"), appeals from a final summary judgment entered in favor of BankAtlantic. We agree with the Landlord that the contracts entered into by the parties, when read together, are ambiguous as to BankAtlantic's right of termination, and we reverse.

The Landlord had an existing lease agreement with Pier 1, but entered into negotiations with BankAtlantic, which wished to build a bank in the space occupied by Pier 1....

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