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LEXINGTON ARMS, INC. v. HENRICH

No. 3559.

153 So.2d 31 (1963)

LEXINGTON ARMS, INC., a Florida corporation, Appellant, v. Lee P. HENRICH and Elaine M. Henrich, his wife, Appellees.

District Court of Appeal of Florida. Second District.

May 10, 1963.

Attorney(s) appearing for the Case

McCune, Hiaasen, Crum & Ferris, Fort Lauderdale, for appellant.

Minnet, Allsworth, Doumar, Schuler & Elliott, Fort Lauderdale, for appellees.

BARNS, PAUL D., Associate Judge.

The appellant-plaintiff-lessor brought an action against the appellees-defendants-lessees seeking removal of the defendants under section 83.20, F.S.A. The court sustained defendants' motion to dismiss plaintiff's petition for failure to state a cause of action. Thereupon plaintiff brought this appeal and we affirm.

Plaintiff's petition alleges that the defendants' lease (Article 31, par. A) and the by-laws of the plaintiff...

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