In short: The developer lost. Under a 90-year ground lease of the Coconut Grove Metrorail station land, Miami-Dade was to replat. It delivered the existing 1985 plat; the developer paid rent nearly four years, then sued, blaming a lost $45 million sale. The trial court granted the county summary judgment, and the Third DCA affirmed without opinion.
The Facts
Because the Third District affirmed without an opinion, what follows is what the record and the arguments showed, as described for the oral argument, not appellate findings.
Coconut Grove Station Development, Ltd. held a 90-year ground lease of county land at the Coconut Grove Metrorail station. The lease said the county would replat the property at its own expense, and that rent and the lease term would begin only once that happened. The county delivered the existing plat, recorded in 1985. The developer then paid rent for nearly four years.
Later, the developer claimed the county had breached the lease, argued the 1985 plat was defective, and blamed the county for the loss of a $45 million sale. The county pointed to the meaning of replatting under the lease, argued the developer could not collaterally attack a plat recorded decades earlier, raised the statute of limitations, relied on estoppel certificates the developer gave its lender stating the county was not in default, and disputed that the plat caused the lost sale. The trial court granted summary judgment for the county.
The Decision
The panel (Judges Suarez, Lagoa and Salter) affirmed per curiam without opinion, so the summary judgment for Miami-Dade County stood. The court did not say why. Any one of the county’s defenses, such as the lease’s meaning, limitations, the estoppel certificates, or lack of causation, could have supported the result.
A PCA is not precedent. It does not decide what replatting means in a ground lease or whether estoppel certificates always bar a later breach claim.
The Law
A ground lease is a contract read by its plain language. Whether delivering an existing plat satisfies a promise to replat is a question of interpretation, and a tenant’s years of performance without objection can be evidence of how both sides understood the term. Contract claims are also subject to limitations: five years for an action on a written contract under section 95.11(2)(b). Platting is governed by chapter 177, Florida Statutes, including section 177.071 on plat approval, and by local codes; a recorded plat is generally presumed valid.
Estoppel certificates matter. When a tenant signs a certificate for its lender stating the landlord is not in default, Florida courts generally hold the tenant to that statement against the landlord as to facts existing when it was signed. A tenant with a grievance should never sign a clean certificate. Finally, a claim for lost profits from a failed sale requires proof that the landlord’s breach, not other factors, caused the loss.
Current law (2026): Section 95.11(2)(b) five-year limit for written contracts confirmed on flsenate.gov 2026 Statutes.
Lessons
- Raise a landlord’s breach promptly and in writing. Paying rent for years without objection undercuts a later claim.
- Never sign an estoppel certificate saying the landlord is not in default if you believe it is.
- Define technical terms like replat in the lease, including what counts as performance and by when.
- Calendar limitations from the date of the claimed breach, not from when it became costly.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
No Replat, No Rent? Metrorail Ground Lease | Coconut Grove Station v. Miami-Dade, 3D12-3347
Go Deeper
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
- Florida's Summary Judgment Rule: How Rule 1.510 Ends Cases Without a Trial
Frequently Asked Questions
Can a commercial tenant sue for a breach it ignored for years?
It can try, but delay hurts. Continued performance without objection can show how the parties understood the lease, and limitations may run. In Coconut Grove Station v. Miami-Dade, the developer paid rent nearly four years before claiming breach, and the county’s summary judgment was affirmed without opinion.
What is an estoppel certificate in a ground lease?
It is a signed statement, usually for a lender or buyer, confirming lease facts such as rent, term and whether either side is in default. Florida courts generally bind the signer to those statements. A tenant who certifies the landlord is not in default may be barred from later claiming a default that existed then.
What is the statute of limitations for breach of a written lease in Florida?
Generally five years from the breach for an action on a written contract, under section 95.11(2)(b). The clock usually starts when the breach occurs, not when the tenant later suffers a loss from it, such as a failed sale. Waiting years to sue, while continuing to pay rent, risks losing the claim entirely.
What does a per curiam affirmance (PCA) mean in Florida?
It means the appellate court upheld the trial court’s judgment with the single word affirmed and no opinion. The losing side gets no explanation, the ruling below stands, and the decision is not precedent for any legal point. In Coconut Grove Station v. Miami-Dade County, the PCA left the trial court’s result in place without endorsing any particular reason for it.
Talk to a Florida landlord-tenant and real estate lawyer
Weidner Law, P.A. handles Florida lease, eviction and real estate disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
