Beachway Restaurants, LLC, and James Wigg v. Coquina Beach Holdings, Inc., Lynn Marie Kluger, Michael Kluger, and South Beach Grill, Inc.

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2025-0310
LT Case No. 55-2019-CA-1610
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BEACHWAY RESTAURANTS, LLC,
and JAMES WIGG,

Appellants,

v.

COQUINA BEACH HOLDINGS,
INC., LYNN MARIE KLUGER, and
MICHAEL KLUGER, and SOUTH
BEACH GRILL, INC.,

Appellees.
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On appeal from the Circuit Court for St. Johns County.
Howard M. Maltz, Judge.

Charles M. Schropp, of the Schropp Law Firm, P.A., Tampa, and
Robert B. George and John A. Carlisle, of the Liles Firm, P.A.,
Jacksonville, for Appellants.

W. Alan Winter, of the Winter Law Firm, Atlantic Beach, for
Appellees, Coquina Beach Holdings, Inc., Lynn Marie Kluger, and
Michael Kluger.

No Appearance for Remaining Appellee.

May 22, 2026
PER CURIAM.

Appellants, Beachway Restaurants, LLC and James Wigg
(“Beachway”), appeal the trial court’s final judgment entered in
favor of Coquina Beach Holdings, Inc., and related parties
(“Coquina”), following a bench trial. In its amended counterclaim,
Beachway asserted causes of action for unlawful eviction, tortious
interference, and conversion, arising from a dispute between the
parties concerning a commercial lease. We affirm the judgment on
the unlawful eviction and tortious interference claims without
further discussion.

We reverse, however, the judgment as to the conversion
claim. On appeal, Beachway argues that the trial court’s finding
that it abandoned the property remaining inside the leased
premises was unsupported by competent, substantial evidence.
We agree.

Abandonment may defeat a conversion claim. See Howard v.
Sharlin, 61 So. 2d 181, 181 (Fla. 1952). But to establish
abandonment, “there must be an intent to abandon and conduct by
which the intention is carried into effect.” Bobo v. Vanguard Bank
& Tr. Co., 512 So. 2d 246, 247 (Fla. 1st DCA 1987) (citation
omitted).

While the record evidence supports the trial court’s finding
that the business itself was abandoned, there is no evidence that
Beachway abandoned the inventory and property inside the leased
premises. We therefore reverse the judgment as to Beachway’s
conversion claim and remand for further proceedings.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

JAY, C.J., and EISNAUGLE and BOATWRIGHT, JJ., concur.

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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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