The GRAHAM COMPANIES, INC., Etc. v. SHICK PARK
CourtDistrict Court of Appeal of Florida
Date FiledJuly 22, 2020
Docket3D19-1280
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 22, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1280
Lower Tribunal No. 17-6838
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The Graham Companies, Inc., etc.,
Appellant,
vs.
Shick Park, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz,
Judge.
Katz Barron, and Keith T. Grumer (Fort Lauderdale), for appellant.
McKenna, McCausland & Murphy, P.A., and Robert Bruce McCausland
(Fort Lauderdale), for appellees Shick Park and Melissa Park.
Before EMAS, C.J., and LOGUE and MILLER, JJ.
LOGUE, J.
Because a trial courtโs grant of a motion for involuntary dismissal at a bench
trial should be upheld โwhen there is no reasonable evidence upon which a jury could
legally predicate a verdict in favor of the non-moving party,โ Tylinski v. Klein Auto.,
Inc., 90 So. 3d 870, 873 (Fla. 3d DCA 2012), the trial court here did not err in
involuntarily dismissing the counts against the guarantors of the lease. The letters
addressed to the tenant demanded that the tenant perform. They were not evidence
of a demand on the guarantors, even though the letters were sent to an address shared
with the guarantors.
Affirmed.
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