CLOTHES TREE, INC. v. VMS REALTY INVESTMENT

No. 87-1677.

524 So.2d 1174 (1988)

The CLOTHES TREE, INC., Petitioner, v. VMS REALTY INVESTMENT, an Illinois General Partnership F/K/a Vms Realty Partners, and Boca-Cwp, an Illinois General Partnership, As General Partners of Boca Raton Hotel and Club, Limited Partnership, Respondents.

District Court of Appeal of Florida, Fourth District.

May 25, 1988.


Attorney(s) appearing for the Case

Richard Johnston, Jr., of Siemon, Larsen, Mattlin & Purdy, Boca Raton, for petitioner.

Kim St. James of Broad and Cassel, West Palm Beach, for respondents.


PER CURIAM.

The circuit court, sitting in its appellate capacity, dismissed as moot petitioner's appeal from a county court judgment of eviction upon a showing that petitioner had surrendered possession of the leased premises subsequent to the judgment. At that time there remained pending in the county court petitioner's severed counterclaim for damages on its theory of wrongful eviction. The viability of the counterclaim was dependent upon petitioner obtaining a...

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