11th Circ. Won't Make Home Depot Rebuild Store

Law360 (August 4, 2020, 9:07 PM EDT) -- An Eleventh Circuit panel tossed aside arguments from a commercial landlord and agreed that Home Depot was not contractually obligated to rebuild a Miami-area store after a fire at the property.

In the decision Monday, the appeals court affirmed an earlier summary judgment for Home Depot USA Inc. The panel agreed with a Florida federal court decision that rejected landlord Julian Depot Miami LLC's claims that a 2006 lease requires the nationwide retailer to rebuild one of its locations.

"Home Depot had the option or 'election,' not the obligation, to rebuild," the court wrote. "Because it did not rebuild, it is...

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