JGF 1560 LENOX AVENUE LLC v. BARRE MOTION, INC.

Docket: 22-0391

Court: District Court of Appeal of Florida; October 26, 2022; Florida; State Appellate Court

Original Court Document: View Document

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The Third District Court of Appeal of Florida affirmed a final summary judgment favoring Barre Motion, Inc. and its associates against JGF 1560 Lenox Avenue, LLC. The appeal arose from a ruling by the Miami-Dade County Court. The court found no errors in the trial court's conclusions regarding the clarity and unambiguity of the contract terms and determined that there was no genuine dispute of material fact based on the pleadings submitted by the parties. It was undisputed that Lenox failed to provide the necessary notice of default and opportunity to cure the situation, which justified summary judgment in favor of Barre as a matter of law. The decision referenced applicable case law supporting that when contract terms are explicit and unambiguous, summary judgment is appropriate. The ruling was finalized by Judges Fernandez, Emas, and Gordo, with the opinion delivered by Judge Gordo.