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H.M. BUTLER, INC. v. TRIZEC PROPERTIES

No. 87-2367.

524 So.2d 710 (1988)

Henry M. BUTLER, INC., Appellant, v. TRIZEC PROPERTIES, INC., F/K/a Trizec Western, Inc., and Clearwater Mall Company, Appellees.

District Court of Appeal of Florida, Second District.

May 4, 1988.

Attorney(s) appearing for the Case

Roberta A. Colton and Courtney B. Wilson of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., Tampa, for appellant.

Joel R. Tew, Robert L. Barnes, Jr. and Susan S. Graddy of Tew & Zinober, Clearwater, for appellees.

RYDER, Acting Chief Judge.

In early 1983, Daniel R. Giannini (Giannini) negotiated a lease with appellees for an area to be used as a law office. The leased premises were an unimproved space with a dirt floor. The lease provided in pertinent part:

Landlord hereby leases and demises unto Tenant and Tenant hereby leases and takes from Landlord, for the term, at the rental, and upon the covenants and conditions hereinafter set forth, the commercial space referred...

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