STATE DEPT. OF HEALTH, ETC. v. SCOTT

No. 81-1741.

418 So.2d 1032 (1982)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Bruce J. SCOTT, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 3, 1982.


Attorney(s) appearing for the Case

Anthony N. DeLuccia, Jr., Fort Myers, for appellant.

Charles L. Bigelow, Jr., of Bigelow & Winesett, Fort Myers, for appellee.


SCHEB, Acting Chief Judge.

Appellant, Department of Health and Rehabilitative Services (HRS), appeals from the entry of a final judgment in favor of appellee, Bruce Scott. The issue we address is whether HRS, Scott's tenant, has "taken" a leasehold interest in his property by holding over and not paying him an increased monthly rental rate.

Appellee leased a building to HRS for five years ending June 30, 1977, at $2,083 per month. In anticipation of the expiration...

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