Opinion
No. 87-0519.
April 27, 1988.
Appeal from the Circuit Court for Broward County; Patricia W. Cocalis, Judge.
Jane L. Cornett of Wackeen Cornett, P.A., and David J. Chesnut, Stuart, for appellants.
Kristine A. Magnuson of Josias Goren, P.A., Fort Lauderdale, (withdrawn after filing brief), and Mark A. Kamilar of Law Offices of Mark A. Kamilar, Miami, for appellee.
We reverse the judgment entered against Earle Moloney, individually, for damages done to premises leased by Margate Commerce Center, Ltd., to Moloney Coachbuilders, Inc. We do this because there were no proofs presented which would support this portion of the judgment against Mr. Moloney, individually. We reject the argument advanced by Margate that somehow the agreed order dated December 31, 1986, assigning liability as to unrelated counts in Margate's amended complaint would suffice as a legal basis for holding Mr. Moloney liable, individually, for damages done to the leased premises when he was not a party to such lease.
In all other respects we find that no error has been demonstrated.
AFFIRMED IN PART; REVERSED IN PART.
HERSEY, C.J., and DELL and WALDEN, JJ., concur.