Following a 3-day trial in Broward County Circuit Court, the jury returned a defense verdict on December 3, 2021.
Senior Partner, Franklin Sato, Esq., and Senior Associate, Vanesti Bennett, Esq., obtained a defense verdict in a breach of a commercial lease matter styled Thomas Campaniello v. Guilty Pleasures SF LLC in Broward County Circuit Court before the Honorable Keathan Frink.
This case stems from a breach of a commercial lease agreement between Mr. Campaniello, as Landlord, and Guilty Pleasures, as Tenant. Due to the Tenant’s failure to make its monthly rent payments and failure to timely exercise its option to renew the lease under the lease terms, the Landlord filed suit against the Tenant. As a result of the lawsuit brought by the Landlord, the Tenant then countersued the Landlord alleging damages for its buildouts of approximately $200,000.00, future loss of sales and its damaged inventory of approximately $27,000.00 due to the heat in the building allegedly caused by the non-functioning air conditioning units.
Specifically, the Tenant brought four causes of action against the Landlord. A few weeks prior to the trial, as it relates to the Counterclaim, the Court granted summary judgment in favor of the Landlord on three out of the four counts that the Tenant brought against the Landlord, on the basis that the Tenant was not entitled to damages for its buildouts per the lease terms, there was no entitlement to future loss of sales as being too speculative and no basis for a declarative judgment. The trial, as to the Counterclaim, proceeded on the breach of lease count wherein the Tenant sought recovery for its alleged damaged inventory.
After less than an hour of deliberation, the jury rendered a verdict determining that the Tenant breached, there was no breach by the Landlord and awarded $0 damages as to the alleged damaged inventory claimed in the Counterclaim. A proposal for settlement was previously served on behalf of the Landlord, as it relates to the Counterclaim, which was rejected by the Tenant. Consequently, the Landlord will move to recover its attorney’s fees and cost on that basis and on the lease provisions. Read more
