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B & B FLA. INC. v. FIRST NATL. BK.

No. 82-2464.

452 So.2d 1082 (1984)

B & B FLORIDA INCORPORATED and Chicago Realty Development Service, Inc., As General Partners of Ocean Manor Associates, Ltd., a Florida Limited Partnership, Appellants, v. FIRST NATIONAL BANK OF AKRON, Trustee of a Trust Created by Item III of the Will of William D. Zahrt, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

July 11, 1984.

Attorney(s) appearing for the Case

Bertha Claire Lee, James B. Tilghman, Jr., and Herman J. Russomanno of Floyd, Pearson, Stewart, Richman, Greer, Weil & Zack, P.A., Miami, for appellants.

James O. Murphy, Jr., of English, McCaughan & O'Bryan, Fort Lauderdale, for appellee.

SIMONS, STUART M., Associate Judge.

This is a declaratory action seeking interpretation of a provision of a lease which provides the landlord with certain options as to cancellation of the lease in the event of fire which causes a "rebuilding" or "reconstruction" of the premises rather than a "repair."

The appeal rests on a determination of whether the work on the building (including work to meet building code requirements) constituted "repair" or "reconstruction...

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