Summary
affirming trial court's dismissal of complaint for breach of lease where lease was invalid and unenforceable, in part, because it was "not witnessed as required by § 689.01, Fla. Stat."
Summary of this case from S & I Investments v. Payless Flea Market, Inc.Opinion
No. 69-1077.
December 22, 1970.
Appeal from the Circuit Court, Dade County, William A. Herin, J.
Seymour London, Miami, for appellants.
Bolles, Goodwin, Ryskamp Ware, Miami, for appellee.
Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.
The judgment appealed from in this case dismissed an amended complaint whereby the appellants sought damages for breach of a ten year lease of certain real estate made to the appellee as lessee. The trial court was correct in holding the lease was not enforceable. The real estate involved was owned in an estate by the entireties by appellants who were husband and wife.
The lease was signed by the husband but was not signed by the wife. Failure of the wife to join and sign the lease made this ten year lease defective. See Richart v. Roper, 156 Fla. 822, 25 So.2d 80, 81. The lease was defective also because not witnessed as required by § 689.01 Fla. Stat., F.S.A.
Affirmed.