DNA Sports Performance Lab, Inc. and Neiman Nix, Appellants,
Club Atlantis Condominium Association, Inc., Appellee.
final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 14-28379 Rosa I. Rodriguez, Judge.
& Valori, LLP, Peter F. Valori and Amanda L. Fernandez,
White Burnett, P.A., Alice K. Sum and Stephanie M. Chaissan,
SUAREZ, C.J., and ROTHENBERG, and FERNANDEZ, JJ.
Sports Performance Lab, Inc. and Neiman Nix ("DNA
Sports") appeal the dismissal of their Amended Verified
Complaint with prejudice. We reverse the dismissal because an
amendment could have supported a cause of action for breach
of contract in count one and tortious interference with a
business and contractual relationship in count three, and
remand to allow DNA Sports to file a second amended
Sports is the tenant of commercial premises within a
condominium property, pursuant to a lease agreement with the
owner, and appellee Club Atlantis Condominium Association,
Inc., operates the association for the subject condominium.
The Amended Verified Complaint raises counts for breach of
contract, specific performance, tortious interference with a
business and contractual relationship, invasion of privacy,
and negligent misrepresentation against Club Atlantis.
Sports alleged in count one for breach of contract that Club
Atlantis owed them express and implied contractual duties for
the exclusive use/rental of between five and twelve assigned
parking spaces. They further alleged that Club Atlantis
materially breached those contractual duties and caused
damage as a direct and proximate result of the breaches.
count three for tortious interference with a business and
contractual relationship, DNA Sports alleged that they had an
existing and ongoing business relationship with their
landlord, of which Club Atlantis was well aware, since Club
Atlantis screened DNA Sports as prospective commercial
tenants and expressly approved the commercial lease between
DNA Sports and the landlord. DNA Sports further alleged that
Club Atlantis intentionally and unjustifiably interfered with
the ongoing business and contractual relationships between
DNA Sports and their landlord, that Club Atlantis
intentionally procured the breach of the Commercial Lease
Agreement between DNA Sports and their landlord, and that DNA
Sports has been damaged as a direct and proximate consequence
of Club Atlantic's tortious interference.
trial court dismissed the Amended Verified Complaint with
prejudice as to all counts. It was an abuse of discretion to
dismiss the Amended Verified Complaint with prejudice as to
counts I and III where the complaint is amendable. The
standard or review of an order that dismisses a complaint for
failure to state a cause of action is de novo. See
Deutsche Bank Nat'l Trust Co. v. Lippi, 78 So.3d 81,
84 (Fla. 5th DCA 2012).
could be amended to state a cause of action for breach of
contract. The elements of a cause of action for breach of
contract are: (1) the existence of a contract, (2) a breach
of the contract, and (4) damages that resulted from the
breach. Progressive Am. Ins. Co. v. Gregory, Inc.,
16 So.3d 979, 981 (Fla. 3rd DCA 2009). DNA Sports could
allege the existence of an implied-in-fact contract and/or
promissory estoppel. DNA Sports alleged that Club Atlantis
owed express and implied contractual duties for the exclusive
use/rental of assigned parking spaces, which Club Atlantis
breached and caused damage resulting from the breach. DNA
Sports could also plead additional facts to support the
existence of a valid and enforceable contract.
III could likewise be amended to state a cause of action for
tortious interference with a contractual or business
relationship. A claim for tortious interference with a
contractual or business relationship consists of four
elements: 1) the existence of a business relationship between
the plaintiff and a third person, not necessarily evidenced
by an enforceable contract, under which the plaintiff has
legal rights, 2) the defendant's knowledge of the
relationship, 3) an intentional and unjustified interference
with the relationship by the defendant which induces or
otherwise causes the third person not to perform, and 4)
damage to the plaintiff resulting from the third person's
failure to perform. See Seminole Tribe of Florida v.
Times Pub. Co., Inc., 780 So.2d 310, 315 (Fla. 4th DCA
2001). DNA Sports alleged the existence of a business
relationship with their landlord and Club Atlantis'
knowledge of the relationship. DNA Sports further alleged
that Club Atlantis intentionally and unjustifiably interfered
with the ongoing business and contractual relationship
between DNA Sports and their landlord that resulted in
damages. DNA Sports could also plead additional facts to
support its claim for tortious interference.
therefore reverse the trial court's dismissal of DNA
Sports' Amended Verified Complaint with prejudice as to
counts I and III and remand with instructions ...