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KELNER v. WOODY

No. 80-1764.

399 So.2d 35 (1981)

Natalie KELNER, Melinda Kelner, Ann Kelner and John Kelner, Appellants, v. Woodrew W. WOODY and Anna Woody, His Wife, Hillcrest-by-the-Sea Associates, Inc., a Florida Corp., Jean Bigonesse and Yvette Bigonesse, His Wife; Jean Metivier; Jean Beauchemin; George Kousoulas; Claude Durivage and Theresa Durivage, His Wife; James Burke and Kathleen Burke, His Wife; Lucien Lauzon; Fritz Meyer and Elsie Meyer, His Wife; David Abraham and Sadie Abraham, His Wife; Herbert L. Carrel and Beverly Carrel, His Wife; Hector Echavarria and Nora Echavarria, His Wife; Vincent J. Errico and Carol A. Errico, His Wife; Louis Fortin and Georgeete Fortin, His Wife; Robert E. Kennedy and Cheryl A. Kennedy, His Wife; John W. Keeler and Helen B. Keeler, His Wife; Roger Lauzon and Anita Lauzon; William Matouk and Louise Matouk, His Wife; and William M.L. Matouk; Marcel Tessier; and Ahmad Saad and Faye Saad, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

May 19, 1981.

Attorney(s) appearing for the Case

Kelner & Kelner and Milton Kelner, Miami, for appellants.

Buchbinder & Elegant and Harris J. Buchbinder, Koppen & Watkins and George J. Lott, Miami, for appellees.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

Appellants, the plaintiffs below, seek review of the trial court's dismissal of their third amended complaint for a declaratory decree against the appellees. Appellants, owners of land encumbered by two ninety-nine year leases, sought a declaration of their rights and status under the leases. Specifically, they sought to have the leases declared null and void.

The subject property, improved by two buildings containing twenty-four apartment units...

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