C.R. THEATRICALS V. CONCERT
Annotate this Case
Download PDF
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 C.R. THEATRICALS, INC., Appellant, ** ** vs. ** ** CONCERT ASSOCIATION OF FLORIDA, INC., CASE NO. 3D00-2861 LOWER TRIBUNAL NO. 99-14475 ** Appellee. Opinion filed November 21, 2001. An Appeal from the Circuit Court for Miami-Dade County, David Tobin, Judge. Stone & Pestcoe, and Scott L. Pestcoe, for appellant. Kubicki Draper and Barbara E. Fox, for appellee. Before SCHWARTZ, C.J., and FLETCHER and SORONDO, JJ. PER CURIAM. We agree with Appellant that the trial court's final summary judgment must be reversed. At the very least, it is clear that in the light most favorable to the non-moving party, there are disputed issues of material fact concerning whether the provisions of the contract being litigated in this case are in conflict, and how such conflicts should be resolved. Reversed and remanded for further proceedings. FLETCHER and SORONDO, JJ., concur. - 2 - C.R. Theatricals, Inc. v. Concert Assoc. Case no. 3D00-2861 SCHWARTZ, Chief Judge (dissenting in part). I too would reverse, but for entry of summary judgment on liability in favor of the appellant. In my view, the appellee landlord is liable as a matter of law under paragraph twelve of the lease for the damage to its tenant s sets, props, and costumes caused when it activated its deluge sprinkler system.1 The fact stressed by the Concert Association that the sprinkler was, although employee of at its another direction, company, has actually no turned effect on upon contractual liability for the damage in question. by its an own See Jaar v. University of Miami, 474 So. 2d 239 (Fla. 3d DCA 1985), review denied, 484 So. 2d 10 (Fla. 1986); Mills v. Krauss, 114 So. 2d 817 (Fla. 2d DCA 1959), cert. denied, 119 So. 2d 293 (Fla. 1 A handwritten portion of paragraph twelve states: Licensor [appellee] shall not disturb, move or alter licensees [sic][appellant s] sets, props or costumes, etc., and assumes liability for any damage done to same or for loss of income due to such damage. [sic] If such damage occurs during periods of use by entities other than C.R. Productions. [e.s.] On the other hand, the allegedly contrary provisions of paragraphs 16, 19 and 29 of the lease cited by the landlord, have no application to the present claim. - 3 - 1960). - 4 -
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
