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CALYPSO LOUNGE, INC. v. SPITZER MANAGEMENT, INC.

No. 77-2406.

362 So.2d 393 (1978)

CALYPSO LOUNGE, INC., Appellant, v. SPITZER MANAGEMENT, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 20, 1978.

Attorney(s) appearing for the Case

Milton E. Grusmark, Miami, for appellant.

Mershon, Sawyer, Johnston, Dunwody & Cole and Robert T. Wright, Jr., Miami, for appellee.

Before PEARSON, HUBBART and KEHOE, JJ.

PEARSON, Judge.

The controlling question on this appeal is whether a landlord may, after the destruction of a building by fire, declare a forfeiture of the lease for default in the payment of rent due prior to the fire where the lease carried the following provision for rebuilding in the case of fire:

"In the event the building, in which the demised premises are located shall be rendered untenantable by fire ..., the lease shall not be terminated, and the...

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