In another important victory for one of its clients, Rosenthal Group recently
obtained a summary judgment in favor of Nextel South Corp. in proceedings
before the United States District Court for the Southern District of Florida.
Almany Investors, LTD. V. Nextel South Corp, was originally filed in the Circuit Court of the 11th Judicial Circuit, in and for Miami-Dade County, Florida. The firm removed
the case on behalf of Nextel to the United State District Court.
The complaint was filed by Almany against Nextel arising out of a Communications
Site Lease Agreement whereby Nextel leased from Almany space on Almany's
building to house its wireless communications equipment. The Agreement
contained a clause entitling Nextel to terminate the Lease if "it
determined that the Premises [were] not appropriate for its operations
for economic or technological reasons." Nextel exercised its right
of termination after the shutdown of its iDEN network in June 2013, yet
Almany disagreed with Nextel's right to terminate.
Rosenthal Law Group filed a Motion for Summary Judgment asserting that
Nextel's right to terminate for the stated reasons was clear and unambiguous
in the Agreement. Almany argued that Nextel's termination was not
done in good faith, but the court rejected its position. United State
District Judge Federico A. Moreno granted Nextel's Motion for Summary
Judgment and held that "Nextel complied with the express terms of
the termination clause by notifying Almany that the Premises were no longer
suitable for its operations. To preclude Nextel from terminating the Agreement
based on the duty of good faith would 'override the express terms
of the Agreement between the parties.'" The Court further held
that "[t]he Agreement allows Nextel to determine whether he Premises
are economically and technologically viable, and the Court will afford
Nextel substantial discretion in making that determination."
By prevailing in this case, Rosenthal Law Group avoided entry of a judgment
against Nextel in an amount exceeding $155,000 plus attorneys' fees