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Faith Freight Forwarding Corp. v. Panalpina Airfreight, Inc.

Citations: 636 So. 2d 186; 1994 Fla. App. LEXIS 4112; 1994 WL 162754Docket: Nos. 93-1591, 93-2467

Court: District Court of Appeal of Florida; May 3, 1994; Florida; State Appellate Court

Narrative Opinion Summary

Faith Freight Forwarding (landlord) appeals a judgment concerning damages owed by former tenant Panalpina Airfreight. The court affirms the trial court’s findings on back rent and property damage, supported by substantial competent evidence. However, the court reverses the trial court's denial of the landlord's claim for accrued property tax increases, which the lease required the tenant to pay without specifying a demand timeline. The trial court's findings on surrender of the premises and responsibility for property damage in favor of the landlord are upheld, and the landlord is recognized as the prevailing party eligible for attorney's fees. The case is affirmed in part, reversed in part, and remanded for further proceedings consistent with this ruling.

Legal Issues Addressed

Findings on Back Rent and Property Damage

Application: The trial court's findings regarding back rent and property damage are upheld as they are supported by substantial competent evidence.

Reasoning: The court affirms the trial court’s findings on back rent and property damage, supported by substantial competent evidence.

Lease Agreement Interpretation

Application: The court examines the lease agreement to determine the tenant's obligations regarding property tax increases, concluding that the lease required the tenant to pay such increases despite lacking a specified demand timeline.

Reasoning: However, the court reverses the trial court's denial of the landlord's claim for accrued property tax increases, which the lease required the tenant to pay without specifying a demand timeline.

Prevailing Party and Attorney's Fees

Application: The landlord is recognized as the prevailing party, making them eligible for attorney's fees.

Reasoning: The landlord is recognized as the prevailing party eligible for attorney's fees.

Surrender of Premises and Responsibility for Property Damage

Application: The court upholds the trial court's findings on the landlord's favor concerning the surrender of the premises and responsibility for property damage.

Reasoning: The trial court's findings on surrender of the premises and responsibility for property damage in favor of the landlord are upheld.