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HomeMy WebLinkAbout0411 taxes current at the time of trial and had been reinstated as a Florida corporation. It therefore follows that Plaintiff ~ is.entitled to no Judgment against Paul Kingrey~ individually or against the Defendant Carl Herzog. The Court does find from all the evidence and testi- mony, considered in toto, that the Defendant Kingrey. Inc. - acting by and through its President and principal stockholder Paul Kingrey did materially breach the lease by failing to keep the immediately adjoining premises owned by him in a safe and secure condition by leaving the back door either open or unlocked, and in other ways. This resulted in several break-ins of Plaintiff's pawn shop premises. .Defendant Kingrey ~knew or should have known that pawn shops generally attract , burglars and unsavory characters and. as Lessor, he had a duty to maintain his own adjoining premises so that they would not furnish a means of easy access to the pawn shop premises. This he failed to do making it impossi6le for Plaintiff to utilize the leased premises for the intended use. viz: a pawn shop. The Defendant further failed to paint the exterior of the leased premises as agreed. This likewise was a material breach of the i lease as any business to function properly must present an ~ attractive face to the buying public. The Defendant Kingrey, ~ ~ ~ Inc. by its actions brought about a constructive eviction of ~ the Plaintiff and Plaintiff rightfully abandoned the leased premises. Plaintiff is entitled to recover from Defendant, ~ Kingrey. Inc. for the last two months prepaid rentsl under the ~ lease. Plaintiff having proved the allegations of his Second ~ Amended Complaint by the greater weight of the evidence. ~ ~ Defendants, having failed to prove the allegations of their ~ s Counterclaim by the greater weight of the evidence, are entitled ~ ~ to recover nothing from the Plaintiff. The Court being fully ~ ~ ~ advised, it is ~ ~ ORDERED AND ADJUDGED that the Plaintiff. WALTER H. NITZ, ~ ~ do have and recover of and from the Defendant, KINGREY, INC., ~ , ~ _ ~ ~ ~ ~ : ~ : ~~~96 ~ ~i ~ o ~ ' M. ~ ~ ~ c: ~ ~ ~ ~ ~ _ ~ ~u...~ _ ~Y