Summary
identifying elements of breach of contract claim under Florida law as: existence of contract; breach of contract; and damages
Summary of this case from Ramada Worldwide, Inc. v. Bellmark Sarasota Airport, LLCOpinion
No. 94-0025.
May 24, 1995.
Appeal from the Circuit Court for Palm Beach County, Edward A. Garrison, J.
David M. Garten of Law Office of David M. Garten, West Palm Beach, for appellant.
Martin H. Colin of Law Offices of Martin H. Colin, Lake Worth, for appellees.
We reverse the trial court's order granting appellees' motion for involuntary dismissal in this breach of commercial lease action.
A motion for involuntary dismissal must be denied if a plaintiff submits a prima facie case. Sea Tower Apartments, Inc. v. Century Nat'l Bank, 406 So.2d 69, 70 (Fla. 4th DCA 1981). Moreover, in ruling on a motion for involuntary dismissal, the trial court must view the evidence in the light most favorable to plaintiff. Saporito v. Madras, 576 So.2d 1342 (Fla. 5th DCA 1991). To establish a breach of contract, a party much show the existence of a contract, a breach thereof, and damages. Knowles v. C.I.T. Corp., 346 So.2d 1042 (Fla. 1st DCA 1977).
Viewing the evidence in the light most favorable to appellant, the record shows that (1) appellee did not pay the first month's rent as required by the lease, (2) appellee repudiated the lease, (3) appellee failed to pay certain costs and maintenance expenses, and (4) appellant suffered damages as a result of the breach. Thus, we hold that appellant established a prima facie case of breach of contract and we reverse.
REVERSE AND REMAND.
HERSEY, GLICKSTEIN and POLEN, JJ., concur.