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Landlord Settles With Cafe Owners

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By TODD LESKANIC

The Tampa Tribune

Published: July 8, 2008

DADE CITY - DADE CITY - The contentious battle between the owners of a popular downtown restaurant and their former landlord ended in a settlement last week.
Edna and Luis Gonzalez, owners of the Tropical Breeze Cafe, and David Hernandez reached an agreement June 30 that ended a lawsuit the Gonzalezes filed against Hernandez last year. The settlement also ended Hernandez's subsequent counterclaim against the Dade City couple.

As part of the deal, Hernandez agreed to pay the Gonzalezes about $13,000 and surrendered another $12,815 the Gonzalezes had paid into a court registry as part of the lawsuit. Hernandez was entitled to a majority of the registry money but opted to return it to the Gonzalezes to avoid having to pay additional out-of-pocket damages.

The Gonzalezes sued ANPM Enterprises in July 2007, saying their restaurant lost business during the summer because of a faulty air conditioner Hernandez refused to repair. ANPM is a leasing company owned by Hernandez and his wife, city Commissioner Camille Hernandez.

"If there's a winner, it's us," said Wesley Chapel attorney Steven Pratico, who represents the Gonzalezes. "If you go back six to eight months, they're saying, 'We don't owe you a penny, and you owe us money.' Their tune changed significantly to the point they were willing to pay out of pocket."
Edna and Luis Gonzalez could not be reached for comment Monday. Hernandez and his attorney couldn't be reached, either.

Hernandez had countersued, saying his tenants breached their lease when they didn't pay utility bills and underpaid the rent by $33 for several months in 2007. He also contended the Gonzalezes failed to pay any rent from August through November.

A judge's ruling at a February hearing essentially ended the counterclaim, but last week's settlement made it official.

At the time the lawsuit was filed, Tropical Breeze was at 14127 Seventh St. in a building Hernandez had purchased for $680,000 in late 2006. The Gonzalezes opened their restaurant there in 2003.

In their complaint, the Gonzalezes said the temperature inside the restaurant would exceed 100 degrees on some days, which chased away business.
Edna Gonzalez has said previously that the air conditioning broke down after she opted out of her lease with Hernandez in May 2007.

On Nov. 1, the Gonzalezes reopened Tropical Breeze a little south on Seventh Street, taking over what was previously the Quarter Horse Sports Bar.

Reporter Todd Leskanic can be reached at (727) 815-1084 or tleskanic@tampatrib.com.

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