Attorney News
November 24, 2009
REIMER & ROSENTHAL LLP OBTAINS SUMMARY JUDGMENT IN FAVOR OF COMMERCIAL LANDLORD:
Alex Rosenthal wins another legal victory for commercial landlords. On November 24, 2009, Alex Rosenthal, a partner of Reimer & Rosenthal LLP, along with his associate, Amanda Jassem, obtained Summary Judgment in favor of a commercial landlord and received a Final Judgment for accelerated rent damages after a tenant was evicted in the amount of $178,905.76 against defendants, a commercial tenant and its guarantors.
Defendants attempted to defend the Motion for Summary Judgment by arguing that there was no evidence in the record indicating that the landlord attempted to mitigate the defendants’ damages by re-letting the premises after the landlord regained possession of the premises. The Reimer & Rosenthal attorneys countered by arguing that no common law duty to mitigate exists in Florida for commercial landlords. Moreover, relying on Fence Wholesalers of America, Inc. v. Beneficial Commercial Corporation, 465 So. 2d 570 (Fla. 4th DCA 1985), Wolf v. Buchman, 425 So. 2d 182 (Fla. 3d DCA 1983) and Chandler Leasing Division v. Florida-Vanderbuilt Development, Corp., 464 F. 2d 267 (5th Cir.1972), Reimer & Rosenthal attorneys successfully argued that even if the common law imposed such a duty on a commercial landlord, that the common law remedies and obligations are inapplicable in this case where the Lease expressly provided landlord the option- but not the obligation-to relet the premises on behalf of the defendants.
November 2009
Alex Rosenthal was recently selected by his peers for inclusion in The Best Lawyers in America® 2010 in the field of Commercial Litigation. Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. Mr. Rosenthal is also AV Rated by Martindale-Hubbell®
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