ARCHIBALD v. MASTRIANA

No. 85-2316.

498 So.2d 642 (1986)

Allan Hughes ARCHIBALD, David Livingston Archibald and George Frederick Archibald, Appellants, v. F. Ronald MASTRIANA, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

December 10, 1986.


Attorney(s) appearing for the Case

Charles M. Phillips, Jr., Clearwater, for appellants.

Michael Eric Christiansen of Mastriana & Christiansen, P.A., Fort Lauderdale, for appellees F. Ronald Mastriana and Fram Enterprises, Inc.


PER CURIAM.

In an action brought by appellants, lessors, to terminate a lease, summary final judgment for the lessee determined that no substantial or compensable breach of the terms of the lease had occurred. We reverse, finding at least the following unresolved genuine, material issues of fact:

1. Whether the original building on the premises was entirely demolished and then rebuilt or just "remodeled," as represented in conflicting affidavits;

2...

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