Amelia Island Restaurant II, Inc. v. Omni Amelia Island, LLC, ___ So. 3d ___, 40 Fla. L. Weekly D947 (Fla. 2d DCA 2015)

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The  First  District  Court  of  Appeal  upheld  an  exclusivity  provision  in  a  lease,  thus allowing tenant-restaurant to block landlord from leasing to another restaurant upon lease renewal.    Lease  required  that  tenant-restaurant  not  be  in  default  in  order  to  renew  the lease.  Landlord claimed tenant-restaurant was in default at time it served its first notice to  renew  lease  because  it  owed  interest  and  a  $50  processing  fee  from  earlier  late-paid rent.  However, landlord's attorney had written in a letter that the tenant-restaurant could exercise the option to renew after "addressing other (non-interest and non-processing fee) issues.


From the Construction Transactions Subcommittee Report

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606
www.trentcotney.com

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