BOATERS PARADISE, INC. v. FREBURN CORPORATION

No. 71-474.

256 So.2d 68 (1971)

BOATERS PARADISE, INC., a Florida Corporation, Appellant, v. FREBURN CORPORATION, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

December 7, 1971.


Attorney(s) appearing for the Case

Joseph A. Von Arx, Miami, for appellant.

Sager & Burns, Miami, for appellee.

Before SWANN, C.J., and CHARLES CARROLL and HENDRY, JJ.


HENDRY, Judge.

Appellant-plaintiff Boaters Paradise, Inc. is the assignee of the original tenant under a commercial lease. It seeks review of and adverse summary final judgment in favor of the appellee-defendant Freburn Corp., the landlord.

Appellant, the tenant, instituted a declaratory judgment action to construe a clause in the lease concerning taxes, apparently to avoid being in default under the lease. Pursuant to the landlord's counterclaim, the judgment...

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