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KAPLAN v. McCABE

No. 88-573.

532 So.2d 1354 (1988)

Bernard KAPLAN, As Trustee D/B/a Northpark Commerce Center, Appellant, v. Thomas McCABE, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

November 3, 1988.

Attorney(s) appearing for the Case

James E. Foster and Daniel R. Matthews of Foster & Kelly, Orlando, for appellant.

Patrick A. Raley of Infantino and Berman, Winter Park, for appellees.

COBB, Judge.

This appeal involves the question of whether a three-day notice to pay rent or quit can constitute a constructive eviction.

Appellant (Kaplan) and appellee (McCabe) agreed to be equal owners of a bingo hall to be located in a warehouse owned by Kaplan.1 The business was designated Marto Enterprises, Inc. A lease agreement was executed between the parties2 on September 26, 1985, and was...

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