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FLORIDA EAST COAST RY v. HOLIDAY INNS

No. 75-441.

323 So.2d 664 (1975)

FLORIDA EAST COAST RAILWAY COMPANY, Appellant, v. HOLIDAY INNS, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 14, 1976.

Attorney(s) appearing for the Case

Shutts & Bowen and William P. Simmons, Jr., Miami, for appellant.

Alex S. Gordon and Frank J. O'Connor, Miami, for appellee.

Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Appellant, Florida East Coast Railway Company, appeals an adverse partial summary judgment determining its lease with Holiday Inns, Inc. to be in full force and effect.

On December 31, 1965 Florida East Coast Railway Company (hereinafter referred to as FEC), as lessor, and Holiday Inns, Inc. (hereinafter referred to as Holiday Inn), as lessee, entered into a 99 year net percentage lease of a parcel of FEC's property on the east side of Biscayne...

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