Beachway Restaurants, LLC v. Coquina Beach Holdings, Inc.
The Fifth DCA affirmed the trial court's rejection of Beachway's unlawful eviction and tortious interference counterclaims arising from a commercial lease dispute, but reversed the finding that Beachway had abandoned property left on the premises. The court held that abandonment requires both intent and conduct carrying that intent into effect, and the trial court's abandonment finding was not supported by competent, substantial evidence.
Key facts
- Beachway Restaurants, LLC and James Wigg were commercial tenants of Coquina Beach Holdings, Inc. under a commercial lease; a dispute over the lease led Coquina to evict Beachway from the premises.
- Following the eviction, Beachway's inventory and personal property remained physically inside the leased premises, and Beachway filed counterclaims against Coquina for unlawful eviction, tortious interference, and conversion.
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Holdings
- Unlawful eviction and tortious interference claims arising from the commercial lease dispute affirmed without discussion.
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Why it matters
Commercial tenants facing eviction disputes should note: a landlord cannot defeat a conversion claim simply by asserting abandonment. The abandonment defense requires both subjective intent and objective conduct… — full analysis with a trial
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