GUTTERMAN-MUSICANT-KREITZMAN, INC. v. I.G. REALTY CO.

No. 82-612.

426 So.2d 1216 (1983)

GUTTERMAN-MUSICANT-KREITZMAN, INC., a New Jersey Corporation, Appellant, v. I.G. REALTY COMPANY, a Florida Limited Partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

February 9, 1983.


Attorney(s) appearing for the Case

J. Robert Olian of Britton, Cohen, Kaufman & Schantz, P.A., Miami, for appellant.

Mitchell D. Aronson, Miami, for appellee.


DOWNEY, Judge.

The question presented for our consideration is whether the trial court erred in entering a summary judgment for appellee prior to the filing of appellant's answer. We hold that error was committed and reverse the summary judgment.

Appellee, I.G. Realty, as lessor, filed suit on July 16, 1981, against appellant, Gutterman-Musicant-Kreitzman, Inc., to recover rental allegedly due under a lease. The complaint alleged that Gutterman was delinquent...

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