## Facts

- Palm Beach Florida Hotel and related entities owned and operated an Embassy Suites hotel and leased commercial space inside the hotel to Nantucket Enterprises, Inc.
- The written lease covered 20,281 square feet divided into distinct areas: (1) a restaurant/lounge/kitchen (8,730 sq. ft.), (2) an atrium and gazebo (1,950 sq. ft.), (3) a ballroom (8,165 sq. ft.), and (4) two boardrooms (1,436 sq. ft.).
- The lease contained provisions stating that, upon tenant default, the landlord could take possession of the leased space and expel the tenant.
- Nantucket planned to operate a restaurant in part of the leased space and began renovation work.
- Nantucket failed to obtain the correct building permits for the renovation work, and the city shut down the restaurant operations.
- On the same day the city closed the restaurant, the landlord placed chains and locks on the doors of all areas leased to Nantucket, not just the restaurant area.
- The landlord terminated the lease and had police escort Nantucket’s employees from the restaurant.
- The parties asserted claims against each other; Nantucket pursued claims including wrongful eviction and conversion of personal property.
- At trial, Nantucket argued the landlord used self-help to remove Nantucket from the entire leased premises; the landlord argued the lease termination ended Nantucket’s possessory rights and, at most, Nantucket was only excluded from the restaurant area.
- The trial court directed a verdict for Nantucket on wrongful eviction, sent damages (including conversion) to the jury, and the jury returned a multimillion-dollar award; the trial court denied prejudgment interest on the wrongful-eviction award.

## Issues

1. Whether the trial court erred by directing a verdict for Nantucket on wrongful eviction based on the landlord’s lockout and removal of the tenant from the leased space.
2. Whether the evidence showed a partial eviction (only the restaurant) or an eviction from the entire leased premises.
3. Whether the conversion award was supported by competent, substantial evidence identifying converted property and proving its value.
4. Whether Nantucket was entitled to prejudgment interest on the wrongful-eviction damages.

## Decision

- The court affirmed the directed verdict finding the landlord liable for wrongful eviction.
- The court rejected the landlord’s claim that Nantucket was only partially evicted, concluding the lockout excluded Nantucket from all leased areas.
- The court affirmed the jury’s wrongful-eviction damages as supported by competent, substantial evidence.
- The court reversed the conversion damages award due to insufficient proof.
- The court reversed the denial of prejudgment interest on the wrongful-eviction damages and remanded for entry of prejudgment interest consistent with Florida law.

## Legal Principles

- A landlord’s physical lockout and removal of a commercial tenant from leased premises can constitute wrongful eviction as a matter of law when the material facts are not in dispute.
- Whether an eviction is partial or total depends on the effect of the landlord’s conduct on the tenant’s ability to possess and use the leased premises; locking the tenant out of all leased areas supports treatment as an eviction from the whole premises.
- Conversion damages require evidence identifying the personal property at issue and establishing its value; an award may not rest on speculation or an unclear record.
- Under Florida’s prejudgment-interest rule, when a jury fixes a past pecuniary loss as of a date that can be determined from the record, the prevailing party is entitled to prejudgment interest as part of compensatory damages.

## Conclusion

The Fourth District affirmed liability and damages for wrongful eviction because the hotel’s self-help lockout excluded Nantucket from all leased areas, reversed the separate conversion award for lack of adequate proof, and reversed the denial of prejudgment interest on the wrongful-eviction damages, remanding for further proceedings.


Palm Beach Florida Hotel v. Nantucket Enterprises, 211 So.3d 42 (2016)