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2501, LLC v. Price Buster Mattress
Citation: 253 So. 3d 728Docket: 5D17-580
Court: District Court of Appeal of Florida; August 6, 2018; Florida; State Appellate Court
Original Court Document: View Document
2501, LLC (Landlord) filed two complaints against Price Buster Mattress, LLC (Tenant) for breach of a commercial lease, with the first complaint dated August 5, 2014, and the second on November 4, 2015. The cases were consolidated for trial, focusing on the breach of the lease and the date Landlord retook possession of the premises. The trial court determined that Tenant breached the lease but that Landlord retook possession on June 6, 2014, and failed to mitigate damages. Landlord appealed, disputing the retaking of possession, while Tenant cross-appealed, asserting that Landlord was the breaching party and challenging the court's possession determination and the failure to separate the cases in the final judgment. The appellate court affirmed the trial court's findings regarding the breach and possession date, citing competent evidence. However, it agreed with Tenant on the need for separate judgments for damages in each case, reiterating that consolidated cases retain their distinct identities. The court affirmed in part, reversed in part, and remanded for the trial court to issue separate judgments for damages, interest, attorney's fees, and costs.