POPS FAMILY ENTERTAINMENT CENTER v. KELLY

No. 2D21-17.

347 So.3d 509 (2022)

POPS FAMILY ENTERTAINMENT CENTER, LTD., Appellant/Cross-Appellee, v. Thomas F. KELLY; Kelly Commercial Property, LLC; and Highview Homes, LLC, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

September 16, 2022.


Attorney(s) appearing for the Case

Tracy Raffles Gunn of Gunn Appellate Practice, P.A., Tampa, for Appellant/Cross-Appellee.

Morgan R. Bentley , David A. Wallace , and Amanda R. Kison of Bentley Goodrich Kison, P.A., Sarasota, for Appellee/Cross-Appellant Thomas F. Kelly.

No appearance for remaining Appellees/Cross-Appellants.


Pops Family Entertainment Center, Ltd., successor by merger to Pops Golf Range, Inc. (Pops), leased a thirty-acre parcel of land in 2000 from Thomas Kelly, who later transferred the lease to Kelly Commercial Property, Inc. (Kelly). The lease had a fifty-year term and contained a right of first refusal should the landlord intend to...

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