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655 So. 2d 192

Docket No. 94-0025.

Miller v. Nifakos

Robert A. MILLER D/B/a Southern Center, Inc., Appellant, v. Peter NIFAKOS, Mary R. Rose, Andrew J. Rose and Bonnie G. Rose, Appellees.

District Court of Appeal of Florida

Decided May 24, 1995.

District Court of Appeal of Florida · decided 1995-05-24

Key passage — most relied on by later courts

“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).”

quoted by 1 later decision, including 687 So. 2d 68 - AIB MORTG. CO. v. Sweeney

Relies on 346 So. 2d 1042 - Knowles v. CIT Corporation · 576 So. 2d 1342 - Saporito v. Madras · 406 So. 2d 69 - Sea Tower Apart., Inc. v. Century Nat. Bk.

Good law ✅— No negative treatment on recordhow we know

Decided 1995-05-24

How this case has been cited

Cited by 13 later decisions — most recently March 2018

1 district · 8 state decisions

50199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*193 David M. Garten of Law Office of David M. Garten, West Palm Beach, for appellant.

¶2Martin H. Colin of Law Offices of Martin H. Colin, Lake Worth, for appellees.

¶3PER CURIAM.

¶4We reverse the trial court's order granting appellees' motion for involuntary dismissal in this breach of commercial lease action.

¶5A 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).

¶6Viewing 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.

¶7REVERSE AND REMAND.

¶8HERSEY, GLICKSTEIN and POLEN, JJ., concur.

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