Best&Beam Management, Inc. v. Marc Silverstone

Summary

The Florida Third District Court of Appeal reversed a final summary judgment concerning whether text messages modified the written terms of a lease. The court held that the trial court could not grant summary judgment on modification because the tenant had not pleaded that theory, and remanded the case.

Holdings

1. A trial court cannot grant summary judgment on a theory that was not pleaded in the complaint; at a summary judgment hearing, the court may consider only issues raised by the pleadings.

Questions Presented

1. Whether a trial court may grant summary judgment on a theory of modification that was not pleaded in the complaint.

Disposition

reversed_and_remanded