KOGER PROPERTIES, INC. v. LON WORTH CROW RLTY. CO.

No. 78-1940.

371 So.2d 699 (1979)

KOGER PROPERTIES, INC., Appellant, v. LON WORTH CROW REALTY COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

June 5, 1979.


Attorney(s) appearing for the Case

Knight, Kincaid, Poucher & Harris and Marshall W. Liptak, Jacksonville, for appellant.

Lyons & Smith and Gary V. Smith, Miami, for appellee.

Before HENDRY, HUBBART and SCHWARTZ, JJ.


PER CURIAM.

This is an appeal from a final summary judgment ordering the appellant Koger Properties, Inc., to pay certain real estate brokerage commissions to the appellee Lon Worth Crow Realty Company. We reverse and remand for further proceedings.

In our view, there is a genuine issue of material fact as to whether "the tenant terminate[d] the subject lease" as such terms are used in the brokerage agreement [thereby terminating the brokerage commissions...

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