Continental Coffee Co. of Florida v. Sklar
Docket: No. 85-704
Court: District Court of Appeal of Florida; December 3, 1985; Florida; State Appellate Court
Appellants Continental Coffee Company of Florida, Inc. and Harold Freund Baking Company of Florida, now known as CFS Bakeries, Inc., appeal a final judgment in favor of Morris Sklar, trustee for the estate of Molly Sklar. The corporations entered into a lease in 1966, renewed until December 31, 1981. An oral agreement allowed them to remain for an additional eighteen months at a monthly rent of $3,500. On March 18, 1983, the trustee demanded vacation of the premises by June 18, 1983, which the corporations contested. This led to an eviction action where a stipulation was reached allowing CFS Bakeries to vacate by October 31, 1983, with a revised rent of $5,000 per month for the period from July to October. Subsequently, the trustee filed an action seeking damages for unlawful detainer and property damage. The trial court ruled in favor of the trustee, awarding $8,000 for unlawful detainer and $15,300 for property damage. The appeal court found sufficient evidence to support the award for property damage but ruled that the trustee did not prove unlawful detainer. The court reasoned that the stipulation allowing the corporations to remain on the property invalidated the claim of possession against consent. Consequently, the court affirmed the property damage award but reversed the unlawful detainer judgment.