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ARTICLE ID 194116

$________ ON COUNTERCLAIM Action for eviction – Claimed breach of commercial lease by tenant restaurant – Counterclaim for wrongful eviction and conversion of restaurant assets.

Palm Beach County, FL

The plaintiff, in this action, was a commercial hotel landlord and its management company, which brought suit against the defendant restaurant tenant for eviction and breach of contract. The restaurant tenant counterclaimed for wrongful eviction and conversion of restaurant assets. The plaintiff landlord and management company claimed that the defendant tenant failed to pay rent. The plaintiff also alleged that, due to the defendant tenant’s alleged building code violations, the plaintiff landlord had the right to terminate and evict the tenant restaurant from the premises.The defendant restaurant tenant asserted, by way of counterclaim, that it was actually owed money by the plaintiff landlord for services performed. The restaurant tenant provided the hotel’s daily complimentary breakfast and manager’s reception, as well as room service and banquet catering, according to evidence offered. The defendant contended that it was wrongfully evicted by self-help in by the plaintiff violation of Florida law, and thereby deprived of the more than 13 years remaining on the lease. In addition, the defendant asserted that the plaintiff landlord converted its restaurant assets upon the wrongful eviction.The jury found for the defendant tenant (plaintiff on the counterclaim) in the amount of $________. The award included $________ for wrongful eviction, and $________ for conversion. The court denied the plaintiffs’ post-trial motions, and entered a final judgment for the defendant tenant in the amount of $________ on the counterclaim, including prejudgment interest. The plaintiff landlord has filed a notice of appeal.

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