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Rosenthal Law Group Obtains Summary Judgment in Favor of Nextel South Corp.

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. The case, 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 and costs.

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