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CITY OF HOLLYWOOD v. SHEPARD

No. 75-874.

336 So.2d 1203 (1976)

CITY OF HOLLYWOOD, Florida, a Municipal Corporation, Appellant, v. Julius J. SHEPARD a/K/a J.J. Shepard, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 1, 1976.

Attorney(s) appearing for the Case

J. Bart Budetti, City Atty., Hollywood, and Ronald B. Sladon, P.A., Fort Lauderdale, for appellant.

Joseph A. Gassen of Jepeway, Gassen & Jepeway, Miami, for appellee.

PER CURIAM.

We have studied the briefs and record (including the testimony) in this case and conclude that the trial court erred in finding that the appellant breached the lease contract between the parties. We hold that the parties mutually abandoned the original lease and thereafter attempted to negotiate a new agreement, but their attempt proved fruitless, through the fault of no one.

We feel however that it...

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