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JEDAK CORPORATION d/b/a Razzles, Appellant, v. SEABREEZE OFFICE ASSOCIATES, LLC and Neil Hunter, Appellees.

District Court of Appeal of Florida, Fifth District2018-04-13No. Case No. 5D16–3777
244 So. 3d 342

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Opinion

majority opinion

PER CURIAM.

In this action arising from a written commercial lease agreement, Appellee, Seabreeze Office Associates, LLC (Landlord), obtained summary judgment for damages arising from the breach of contractual provisions requiring that Appellant, Jedak Corporation d/b/a Razzles (Tenant), indemnify and provide insurance coverage to protect Landlord from losses arising from Tenants occupancy of the premises. Although Tenant raises numerous issues on appeal, we need only address one, which we conclude is dispositive of this dispute. Because Landlord did not incur any damages that were caused by the breach of these particular lease provisions, the lower court erred in granting summary judgment in favor of Landlord and in denying summary judgment in favor of Tenant. Accordingly, we reverse and remand this cause with directions that summary judgment be entered in favor of Tenant. See Cas. Indem. Exch. v. Penrod Bros. , 632 So.2d 1046, 1047 (Fla. 3d DCA 1993) (where landlords insurer fully covers loss, landlord suffers no compensable damages arising from tenants breach of contract).

REVERSED AND REMANDED.

COHEN, C.J., PALMER and TORPY, JJ., concur.

Landlords insurer was not a party to this case.