Jay F. Lee v. City Jacksonville and Cna Insurance Company

Neil A. Valk claimed to own a leasehold on office space that was subleased to J.E.M. Distributors of Tampa Bay, Inc., in a building owned by KWPH, Inc. He sued to evict J.E.M. Distributors and to obtain a declaration of his rights under his lease agreement. In this appeal, Valk challenges both the trial courts denial of his motion for partial summary judgement and a final summary judgement for KWPH. KWPH cross-appeals the trial courts refusal to award it attorneys fees. Because we agree with Valk that there is a factual dispute as to whether the subject lease agreement was, in fact, a mortgage as opposed to a lease, we reverse the summary judgement in favor of KWPH. With the exception of paragraph (18), we affirm the trial courts order denying Valks motion for partial summary judgement but striking KWPHs res judicata defense. We reverse paragraph (18) of that order, which held that KWPH was a subsequent purchaser of the property for valuable consideration and without notice of Valks leasehold interest. We affirm the trial courts denial of attorneys fees to the KWPH.