HUNT v. FIRST NAT. BANK OF TAMPA

No. 78-1768.

381 So.2d 1194 (1980)

George A. HUNT, Jr., Appellant, v. FIRST NATIONAL BANK OF TAMPA, As Trustee, Appellee.

District Court of Appeal of Florida, Second District.

March 28, 1980.


Attorney(s) appearing for the Case

Michael A. Smith of Goza, Hall, Peacock & Peters, Clearwater, for appellant.

Peter J. Winders, James D. Wing and J. Brent Walker of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellee.


OTT, Judge.

Appellant brought this action for a declaration of rights under a lease of his unimproved tract of land to appellee as trustee for the principals in the Kash N' Karry food chain. The trial court summarily declared the rights of the parties and, after an evidentiary hearing concerning damages, entered a money judgment in favor of appellant. The court erred in resolving factual issues by summary judgment, and we therefore reverse both the declaratory and...

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