972 So.2d 203 (Fla.App. 5 Dist. 2007), 5D06-2457, Leesburg Community Cancer Center v. Leesburg Regional Medical Center, Inc.

Docket Nº:5D06-2457.
Citation:972 So.2d 203, 32 Fla. L. Weekly D 2661
Opinion Judge:LAWSON, J.
Party Name:LEESBURG COMMUNITY CANCER CENTER, etc., Appellant, v. LEESBURG REGIONAL MEDICAL CENTER, INC., etc., Appellee.
Attorney:Monterey Campbell, Michael J. Bittman, and Dyana L. Petro, of Gray/Robinson, P.A., Orlando, and Steven L. Brannock and David C. Borucke, of Holland & Knight LLP, Tampa, and for Appellant., Phillip S. Smith, Matthew D. Black and John D. Metcalf, of McLin & Burnsed, Leesburg, for Appellee.
Case Date:November 09, 2007
Court:Florida Court of Appeals, Fifth District
 
FREE EXCERPT

Page 203

972 So.2d 203 (Fla.App. 5 Dist. 2007)

32 Fla. L. Weekly D 2661

LEESBURG COMMUNITY CANCER CENTER, etc., Appellant,

v.

LEESBURG REGIONAL MEDICAL CENTER, INC., etc., Appellee.

No. 5D06-2457.

Florida Court of Appeal, Fifth District

November 9, 2007

Rehearing Denied Jan. 14, 2008.

Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge.

Page 204

Monterey Campbell, Michael J. Bittman, and Dyana L. Petro, of Gray/Robinson, P.A., Orlando, and Steven L. Brannock and David C. Borucke, of Holland & Knight LLP, Tampa, and for Appellant.

Phillip S. Smith, Matthew D. Black and John D. Metcalf, of McLin & Burnsed, Leesburg, for Appellee.

LAWSON, J.

Leesburg Community Cancer Center, d/b/a Intercommunity Cancer Center, ("the Cancer Center"), appeals a final summary judgment in favor of Leesburg Regional Medical Center, Inc., ("Leesburg Regional"), claiming error in the trial court's finding that the Cancer Center could not enforce a contract clause against Leesburg Regional. We agree with the trial court that the Cancer Center had no legal right to enforce the clause, and affirm.

Page 205

Factual and Procedural Background

On December 31, 1985, Leesburg Regional entered a thirty-year ground lease with Leesburg Real Estate Associates, Inc., ("Real Estate Associates"), for the purpose of allowing Real Estate Associates to develop and operate an outpatient ambulatory cancer treatment center on the property. The lease contained an "exclusivity" clause prohibiting Leesburg Regional or Real Estate Associates from competing against one another by operating or supporting a competing cancer treatment center anywhere within Leesburg Regional's "primary service area" during the term of the lease. The lease also allowed Real Estate Associates to either assign all or part of its leasehold interest to another, or sublease all or part of the property to another, so long as its assignees or sublessees were made "subject to the terms and provisions of [the ground] lease." In conjunction with this obligation, the ground lease contains a sentence requiring Real Estate Associates to incorporate the terms of the ground lease into any assignment or sublease that it entered.

On the same day that Real Estate Associates leased the land from Leesburg Regional, it sublet the property to the Cancer Center, a limited partnership formed by the shareholders of Real Estate Associates. From 1986 through 1998, the Cancer Center operated the treatment facility, paying rent to Real Estate Associates. Real Estate Associates made all lease payments to Leesburg Regional during this period, and the record reflects no disputes between...

To continue reading

FREE SIGN UP