FIRST NAT. BANK OF TAMPA v. PAPPAS

No. 78-2025.

372 So.2d 989 (1979)

The FIRST NATIONAL BANK OF TAMPA, As Trustee, under Trust Agreement Dated August 30, 1965, d/b/a Kash N' Karry Wholesale Supermarkets, Appellant, v. Michael L. PAPPAS, Appellee.

District Court of Appeal of Florida, Second District.

July 6, 1979.


Attorney(s) appearing for the Case

James D. Wing of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellant.

Michael A. Houllis, Seminole, for appellee.


BOARDMAN, Acting Chief Judge.

This is an appeal from a final summary judgment entered in favor of appellee.

Appellee did not conclusively show the absence of a genuine issue of material fact concerning appellant's contention that the original lease was modified by a subsequently recorded reciprocal easement agreement, of which appellee is alleged to have had constructive notice. It is well settled that summary judgment is not to be granted unless the moving...

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