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LURIA & SON, INC. v. FINGERMAN

No. 86-1657.

497 So.2d 682 (1986)

L. LURIA & SON, INC., a Florida Corporation, Appellant, v. Edward B. FINGERMAN, Robert Grossman, Ted Shapiro and Robert C. Testa, Individually and As General Partners of Biscayne West Associates, a California Limited Partnership, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 9, 1986.

Attorney(s) appearing for the Case

Myers, Kenin, Levinson & Richards, Kopelowitz, Atlas, Pearlman & Trop and Robin Corwin Campbell and Jan Atlas, Fort Lauderdale, for appellant.

Taylor, Brion, Buker & Greene and Arnaldo Velez, Miami, for appellees.

Before BARKDULL, BASKIN and FERGUSON, JJ.

PER CURIAM.

Upon review of the record, we hold that the trial court impermissibly varied the terms of the parties' lease1 when it ruled that the proposed construction by appellees of two restaurants in the mall parking area was reasonable and did not materially diminish parking available to appellant. See Walgreen Co. v. American National Bank & Trust Co., 4 Ill...

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