ABI-CHASE, etc v. SUSSMAN

State: Florida

Court: Florida Third District Court

Docket No: 08-2325

Case Date: 07/01/2009

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2009
Opinion filed July 1, 2009. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D08-2325 Lower Tribunal No. 07-2756 ________________

Abi-Chase, Inc., K. Glow, Inc., and Audrey S. Lewis, as Trustee of the Audrey S. Lewis Trust,
Appellants, vs.

Joel Sussman, as Trustee of the Trust dated January 1, 1996,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Gill S. Freeman, Judge. Coffey Burlington, Robert K. Burlington, Jeffrey B. Crockett and Natalia M. Salas, for appellants. Homer Bonner, Peter W. Homer and Christopher J. King, for appellee.

Before WELLS, SHEPHERD and LAGOA, JJ. WELLS, Judge.

Abi-Chase, Inc., K. Glow, Inc., and Audrey S. Lewis, as Trustee of the Audrey S. Lewis Trust, appeal from a final declaratory judgment in favor of their tenant, Joel Sussman, as Trustee, that interprets the insurance provisions of a ninety-nine year commercial lease. We agree with the trial court that the lease provisions at issue are clear and unambiguous and that the tenant is in full compliance therewith. Accordingly, the final declaratory judgment is affirmed.

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