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JACK ECKERD CORP. v. 17070 COLLINS AVE. SHOP. CTR., LTD.

No. 90-796.

563 So.2d 103 (1990)

JACK ECKERD CORPORATION, Appellant, v. 17070 COLLINS AVENUE SHOPPING CENTER, LTD., and Taco Bell Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearings Denied July 24, 1990.

Attorney(s) appearing for the Case

Blackwell & Walker and Francis A. Anania and Kathleen M. Salyer, Miami, for appellant.

Holland & Knight and Judith M. Korchin, Miami, for appellee Taco Bell Corp.

Leopold & Leopold and Maurice Rosen, North Miami Beach, for appellee 17070 Collins Ave. Shopping Center, Ltd.

Before FERGUSON, GERSTEN and GODERICH, JJ.

PER CURIAM.

The issue presented in this appeal, from an order denying a motion for temporary injunction, is the same question we decided in L. Luria & Son, Inc. v. Fingerman, 497 So.2d 682 (Fla. 3d DCA 1986): Whether a commercial tenant, under an agreement which prevents the landlord from reducing the parking area by construction on an outparcel, is obligated to prove irreparable harm as a basis for a temporary injunction...

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