HomeMy WebLinkAbout0410 4~0514
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY~
FLORIDA.
*
WALTER H. NITZ, *
*
Plaintiff *
*
vs. * CASE NO. 78-33
*
PAUL KINGREY~ CARL HERZOG *
AND KINGREY~ INC.~ *
* ~
Defendants. *
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FIyAL JUDGI?fENT
This c:ause came on for ~rial before the Court upon
Plaintiff's Second Amended Complaint and Defendants' Amended
Counterclaim. Basically this cause involves a lease entered
into between the parties under which Plaintiff ]eased for use
as a pawn shop the south half of a building owned by Defendant
KIfvGREY, INC. The Plaintiff in his Second Amended Complaint
claims that the written lease was invalid f~r several re~sons.
that the Defendants materially breac.hed the lease provisions
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bringing about a constructive eviction and that Plaintiff
rightfully abandoned the leased premises. Plaintiff therefore
I seeks recovery of prepaid rentals and other damages. The
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~ DeFendants have counterclaimed seeking unpaid lease rentals.
~ claiming the lease to be valid and binding on the parties and
clenying any material breach of the lease by Defendants.
The Court has heard the testimony offered at trial
and has considered the various exhibits admitted into evidence
and argument of counsel. Firstly, the Court determines that the
lease between the parties was a valid lease and was not violative
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of the Statute of Frauds. Secondly, the Court finds that the
fact that Kingrey, Inc, had been dissolved due to non payment .
of Florida corporate taxes at the time of its executi~n of the <
lease is c~f no legal consHquence. It had brought all such
, ~ t
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