Fowler v. Resash Corp.
| Citation | 10 Fla. L. Weekly 862,469 So.2d 153 |
| Decision Date | 26 March 1985 |
| Docket Number | 84-1181,Nos. 84-528,s. 84-528 |
| Parties | 10 Fla. L. Weekly 862 Richard J. FOWLER, Charles A. Fowler, III, and Anna L. Fowler, Appellants, v. RESASH CORP., a Florida corporation, and Riviera Plaza Associates, Inc., a Florida corporation, Appellees. |
| Court | Court of Appeal of Florida (US) |
Gerald E. Rosser, Miami, for appellants.
Richard & Richard and Dennis Richard and Richard Sarafan, Miami, for appellees.
Before BARKDULL, HUBBART and NESBITT, JJ.
Richard J. Fowler, Charles A. Fowler, III and Anna L. Fowler, the lessors of a ninety-nine year lease on a Miami Beach hotel, appeal a final judgment which, inter alia, relieves the lessees, Resash Corp. and Riviera Plaza Associates, Inc., of a forfeiture on the lease and sets aside a jury verdict which found a breach of the lease covenant to repair and assessed damages in the amount of $400,000. The trial court in the final judgment stated its basis for setting aside the forfeiture as follows:
"1. This Court, as a Court of equity, hereby exercises its inherent power to relieve the tenants from any forfeiture which would, might or could result from the alleged breach asserted by the Plaintiffs herein, and Defendants' Motion for Judgment Setting Aside Forfeiture, be and the same is hereby granted, and Final Judgment in favor of the Defendants and against the Plaintiffs on Plaintiffs' claim for possession of the subject premises, be and the same is hereby entered.
2. That this Court, as a Court of equity, takes cognizance of the special circumstances of this case, wherein the Plaintiffs admittedly seek to obtain their reversionary interest approximately 50 years prior to the lease's natural expiration date and after well over $200,000.00 worth of improvements have been made to the subject premises by the Defendants, and under circumstances where the forfeiture and termination of the lease would unavoidably result in the Plaintiffs becoming inequitably and unjustly enriched at the expense of the Defendants.
3. This Court, as a Court of equity, also finds that the evidence is not in conflict on the issue of actual damages, and clearly reflects that the Plaintiffs, as holders of a reversionary interest, have suffered no actual damages whatsoever, as a result of the alleged breach but, rather, Plaintiffs admit that the Defendants have long ago cured any and all City violations and removed the decorative colonnade as demanded by the Plaintiffs. The Plaintiffs have further admitted that the current value of the leased premises, if unencumbered by the lease, is approximately One Million ($1,000,000.00) Dollars, and that upon a forfeiture of Defendants' leasehold interest, the rental value of the interest of the Plaintiffs will increase from $12,000.00 a year to approximately $9,000.00 per month, ($108,000.00 per year). Under these circumstances, forfeiture of the Defendants'...
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Horatio Enterprises, Inc. v. Rabin
...Tollius v. Dutch Inns of America, Inc., 244 So.2d 467 (Fla. 3d DCA 1970), cert. denied, 247 So.2d 437 (Fla.1971), and Fowler v. Resash Corp., 469 So.2d 153 (Fla. 3d DCA), review denied, 479 So.2d 117 (Fla.1985), which involved 99-year leases, the sublease under review terminates in 1999, un......
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Matter of J. Woodson Hays, Inc.
...forfeiture are employed especially by courts in connection with controversies between landlords and tenants. Fowler v. Resash Corp., 469 So.2d 153 (Fla. 3d D.C.A. 1985); Smith v. Winn-Dixie Stores, Inc., 448 So.2d 62 (Fla. 3d D.C.A. 1984); Rader v. Prather, 100 Fla. 591, 130 So. 15 (1930). ......
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Grover v. Jacksonville Golfair, Inc.
...of the trial court in favor of Appellees, preclude me from substituting my judgment for that of the trial court. See Fowler v. Resash Corp., 469 So.2d 153 (Fla. 3d DCA), rev. denied, 479 So.2d 117 (Fla.1985). I concur in this court's opinion affirming the judgment on all ...
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Grover v. Jacksonville Airport, Case No. 1D03-5239 (FL 10/17/2005)
...of the trial court in favor of Appellees, preclude me from substituting my judgment for that of the trial court. See Fowler v. Resash Corp., 469 So. 2d 153 (Fla. 3d DCA), rev. denied, 479 So. 2d 117 (Fla. 1985). I concur in this court's opinion affirming the judgment on all NOT FINAL UNTIL ......