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DILTZ v. J & M CORP.

No. 79-869.

381 So.2d 272 (1980)

Douglas DILTZ and Victoria Diltz, His Wife, Appellants, v. J & M CORP., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 11, 1980.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for appellants.

Dubbin, Schiff, Berkman & Dubbin and James M. Schiff, Miami, for appellee.

Before HENDRY and HUBBART, JJ., and VANN, HAROLD R. (Ret.), Association Judge.

PER CURIAM.

By this appeal, we are asked to review a final judgment of accounting entered in favor of a lessor [J & M CORP.] in an action which it brought against its lessees [Douglas and Victoria Diltz] for alleged breach of the rent and accounting covenants of the lease. The lease provided that the rental due thereunder was six percent of the gross sales that the lessees shall obtain by operation of their Burger King business on the demised premises, but that...

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