Three Palms Associates v. U.S. # 1 Fitness Centers, Inc., 984 So.2d 540 (Fla. 4th DCA 2008);
Apr 16, 2008OUTCOME: Affirmed in part and remanded in favor of Steven L. Winig for Appellee.
Tenant filed breach of contract action against landlord, alleging breach of verbal settlement agreement relieving tenant of future rent obligations in exchange for a piece of property previously pledge ... d by tenant's president. Landlord filed breach of contract action against tenant, alleging breach of the lease. The Circuit Court, Fifteenth Judicial Circuit, Palm Beach County; found that settlement agreement was a novation of original lease and that landlord could not recover for breach of settlement agreement. Landlord appealed. The District Court of Appeal, held that trial court abused its discretion when it denied landlord's motion to amend to assert a counterclaim conforming to evidence at trial.
