GRAHAM COMPANIES INC v. PARK (2020)

District Court of Appeal of Florida, Third District.

The GRAHAM COMPANIES, INC., etc., Appellant, v. Shick PARK, et al., Appellees.

No. 3D19-1280

Decided: July 22, 2020

Before EMAS, C.J., and LOGUE and MILLER, JJ.

Katz Barron, and Keith T. Grumer (Fort Lauderdale), for appellant. McKenna, McCausland & Murphy, P.A., and Robert Bruce McCausland (Fort Lauderdale), for appellees Shick Park and Melissa Park.

Because a trial court's grant of a motion for involuntary dismissal at a bench trial should be upheld “when there is no reasonable evidence upon which a jury could legally predicate a verdict in favor of the non-moving party,” Tylinski v. Klein Auto., Inc., 90 So. 3d 870, 873 (Fla. 3d DCA 2012), the trial court here did not err in involuntarily dismissing the counts against the guarantors of the lease. The letters addressed to the tenant demanded that the tenant perform. They were not evidence of a demand on the guarantors, even though the letters were sent to an address shared with the guarantors.

Affirmed.

LOGUE, J.

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