LEVITZ FURNITURE CO. v. CONTINENTAL EQUITIES

Nos. 79-1067, 79-2013 and 80-504.

411 So.2d 221 (1982)

LEVITZ FURNITURE COMPANY OF the EASTERN REGION, INC., a Florida Corporation, and Levitz Furniture Corporation, a Pennsylvania Corporation Authorized to Transact Business in Florida, Appellants, v. CONTINENTAL EQUITIES, INC., and American Casualty Company of Reading, Pennsylvania, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 5, 1982.


Attorney(s) appearing for the Case

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James E. Tribble and James C. Blecke, Miami, for appellants.

Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel D. Eaton, Greene & Cooper and Robyn Greene, Miami, for appellees.

Before HENDRY, SCHWARTZ and NESBITT, JJ.


SCHWARTZ, Judge.

In 1971, Continental Equities, Inc., the owner of vacant land in Dade County, agreed to construct a furniture warehouse and showroom1 and to rent the thus-improved premises to the Levitz Furniture Company on a "net lease" basis. On May 9, 1973, about one year after the building was completed and Levitz had taken possession, a substantial portion of the roof and supporting walls collapsed. About two weeks after that, the...

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