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S.E. BANKS TRUST CO. v. HIGGINBOTHAM CHEV.-OLDSMOBILE, INC.

No. 83-427.

445 So.2d 347 (1984)

SOUTHEAST BANKS TRUST COMPANY, N.A., Trustee, Appellant, v. HIGGINBOTHAM CHEVROLET-OLDSMOBILE, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 14, 1984.

Attorney(s) appearing for the Case

J. Boyd DeLoach, of DeLoach & Peterson, P.A., New Smyrna Beach, for appellant.

Wayne L. Hogeboom of Kennedy & Hogeboom, P.A., South Daytona, for appellee.

COBB, Judge.

The appellee herein, Dennis Higginbotham, purchased an automobile dealership from H.D. and Betty Nieburger on June 1, 1976. The Nieburgers leased to Higginbotham the land and building where the dealership operated. Paragraphs 2 and 3 of the lease provided:

2. The Lessee covenants and agrees that he will at his expense maintain the interior and exterior of said premises and will maintain and keep in...

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