STATE, DEPT. OF CORRECTIONS v. Brooks, 1D03-3786.

• Decision Date: 04 August 2004
• Docket Number: No. 1D03-3786.,1D03-3786.
• Citation: 891 So.2d 1
• Parties: STATE of Florida, DEPARTMENT OF CORRECTIONS, Appellant/Cross-Appellee, v. C. Leon BROOKS, Appellee/Cross-Appellant.
• Court: Florida District Court of Appeals

891 So.2d 1

STATE of Florida, DEPARTMENT OF CORRECTIONS, Appellant/Cross-Appellee, v. C. Leon BROOKS, Appellee/Cross-Appellant.

No. 1D03-3786.

District Court of Appeal of Florida, First District.

August 4, 2004.

Opinion Granting Rehearing in Part and Withdrawing Original Opinion in Part January 11, 2005.

Charles J. Crist, Jr., Attorney General, and Albert J. Bowden, III, Senior Assistant Attorney General, Tallahassee, for Appellant/Cross-Appellee.

John S. Mills and Tracy S. Carlin of Mills & Carlin, P.A., Jacksonville, and Tracy W. Cary, Dothan, AL, for Appellee/Cross-Appellant.

PER CURIAM.

In this lease dispute between the Florida Department of Corrections and its former landlord, appellee Mr. Brooks, the trial court found in favor of appellee and awarded damages. On appeal, the Department raises numerous points, and on cross appeal, Mr. Brooks raises one point. The Department's second point, whether the court's judgment in favor of Mr. Brooks was supported by the evidence, is dispositive and we do not reach any of the other points.

Viewed in a light most favorable to appellee, the evidence does not support the trial court's finding that the Department "is estopped" from asserting that certain problems (including a rat infestation) rendered the premises untenantable during the period of the renewed lease. Because the judgment under review also finds that, absent the trial court's finding of estoppel, the rat infestation alone would have caused the leased building to be untenantable, we conclude that the Department's defense to appellee's claim for damages resulting from a breached lease must prevail.

REVERSED and REMANDED with instructions that judgment be entered in favor of the State of Florida, Department of Corrections.

WOLF, C.J., KAHN, and LEWIS, JJ., concur.

ON MOTION FOR REHEARING

PER CURIAM.

Appellee Brooks has moved for rehearing of our earlier opinion in which we directed that judgment be entered in favor of appellant. In his motion, Mr. Brooks argues that, by the date the Department of Corrections terminated the lease, the rat infestation had been cured and the premises under lease were not untenantable. Our opinion did not directly address this argument and, accordingly, we grant the motion for rehearing in part. We withdraw the portion of our original opinion directing that judgment be entered in favor of the Department. Instead, the case must be remanded. On remand, the trial court must determine whether the Department proved the premises it occupied were "wholly untenantable" at the end of the 20-day cure period provided by section 83.201, Florida Statutes (1995). On this limited remand, should the trial court again find the Department's lease termination unlawful pursuant to section 83.201, it must reconsider the amount of damages previously awarded. Mr. Brooks would be entitled to prejudgment interest if the trial court finds the Department's lease termination unlawful. See Broward County v. Finlayson, 555 So.2d 1211, 1213 (Fla.1990) ("`[O]nce damages are liquidated, prejudgment interest is considered an element of those damages as...