CITY OF MIAMI BEACH v. ELLIS

No. 72-1225.

279 So.2d 335 (1973)

CITY OF MIAMI BEACH, a Municipal Corporation, Appellant, v. Irving M. ELLIS, Jr., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 27, 1973.


Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., for appellant.

Frates, Floyd, Pearson, Stewart, Proenza & Richman, Miami, for appellee.

Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.


PER CURIAM.

The City of Miami Beach, the defendant below, appeals from an adverse judgment for $100,000, based on a jury verdict rendered in an action by a lessee of the city for breach of a covenant by the city by failing to keep in repair a certain portion of the leased premises.

On July 1, 1966, the city entered into a written lease with Irving M. Ellis, Jr., therein designated as the Concessionaire, for a period of ten years, at an annual rental of $7...

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