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SMITH v. WINN DIXIE STORES, INC.

No. 83-1262.

448 So.2d 62 (1984)

Patrick F. SMITH, James T. Bernhardt and Joan M. Bernhardt, Appellants, v. WINN DIXIE STORES, INC., Appellee.

District Court of Appeal of Florida, Third District.

April 10, 1984.

Attorney(s) appearing for the Case

Holland & Knight, Thomas G. Schultz and Paul M. Bauch, Miami, for appellants.

Lapidus & Stettin and Richard Lapidus, Miami, for appellee.

Before HUBBART, BASKIN and JORGENSON, JJ.

BASKIN, Judge.

We have reviewed the Final Judgment entered by the trial court in favor of The Grand Union Company*. The court considered whether:

[U]nder the facts of this case, should a Court of equity relieve a tenant from forfeiture of a lease where said tenant defaults on the lease and the jury determines that the owner has not waived the default under the terms of said lease.

Upon consideration of the pleadings,...

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