Vereit Real Estate, L.P. v. Fitness International, LLC
A commercial gym tenant stopped paying rent during the COVID-19 closure orders and won summary judgment below on force majeure and the equitable doctrines of impossibility, impracticability and frustration of purpose. The Third DCA reversed and directed entry of judgment for the landlord, holding the force majeure clause excused only acts the lease actually required (paying rent, which the closure orders did not prevent) and expressly excluded failures curable by the payment of money.
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