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SARASOTA CLOTH FABRIC & FOAM, INC. v. BENES

No. 86-668.

502 So.2d 1354 (1987)

SARASOTA CLOTH FABRIC & FOAM, INC., Appellant, v. E.J. BENES, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

February 26, 1987.

Attorney(s) appearing for the Case

Philip S. Prosch, Sarasota, for appellant.

Ralph C. Losey, of Subin, Shams, Rosenbluth & Moran, P.A., Orlando, for appellee.

ORFINGER, Judge.

Sarasota Cloth Fabric & Foam, Inc. (Sarasota) appeals from a summary final judgment entered against it on its counterclaim for conversion.1 Because we find that a genuine issue of material fact exists, we reverse for trial.

The main action is by Benes, as landlord, against Sarasota, as tenant, for damages resulting from an alleged breach of the lease between the parties. The pertinent count of the counterclaim...

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