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CONT. REAL EST. EQU. v. RICH MAN POOR MAN, INC.

No. 84-821.

458 So.2d 798 (1984)

CONTINENTAL REAL ESTATE EQUITIES, INC., Individually and As General Partner of Continental Real Estate Partners, Ltd., and Continental Real Estate Partners, Ltd., Appellants, v. RICH MAN POOR MAN, INC., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 16, 1984.

Attorney(s) appearing for the Case

J. Brent Walker and David Hywel Leonard of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellants.

Ernest M. Jones, Jr., Lakeland, for appellee.

GRIMES, Acting Chief Judge.

This appeal involves the issue of whether a shopping mall owner waived its right to collect a proportionate share of real estate taxes from one of its tenants as provided by the lease.

Appellee/lessee rented space in Lakeland Mall from appellant/lessor under a written five-year lease commencing April 1, 1981. The lease required the lessee to pay as additional rent its proportionate share of real estate taxes levied upon the mall...

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