HEALTH CLUBS, INC. v. ENGLUND

No. 79-824/NT4-46.

376 So.2d 453 (1979)

HEALTH CLUBS, INC., Petitioner, v. Donald W. ENGLUND, Englund Properties, Respondent.

District Court of Appeal of Florida, Fifth District.

October 31, 1979.


Attorney(s) appearing for the Case

Robert J. Buonauro of Robert J. Buonauro, P.A., Orlando, for petitioner.

Gregory Wilson of Taylor, Wilson & Sharpe, P.A., Orlando, for respondent.


MOORE, JOHN H. II, Associate Judge.

This petition for certiorari seeks review of a decision of the Circuit Court acting in its appellate capacity. In that capacity the Court affirmed a summary judgment in favor of the appellee (lessor) and ordered the appellant (lessee) to vacate the leased premises.

In affirming the trial judge, the Circuit Court, sua sponte, applied §§ 796.01 and 796.02 (Fla. Stat. 1977) although the record does not appear to reflect...

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