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WEST TOWN PLAZA v. PINES PROPERTIES

No. 91-1228.

600 So.2d 477 (1992)

WEST TOWN PLAZA ASSOCIATES, LTD., a Florida Limited Partnership, Appellant, v. PINES PROPERTIES, INC., a Florida corporation, and Wal-Mart Stores, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 8, 1992.

Attorney(s) appearing for the Case

Charles L. Curtis of Doumar, Cazel, Curtis, Cross & Laystrom, Fort Lauderdale, for appellant.

Robert H. Yaffe of Steinberg & Slewett, P.A., Miami Beach, for appellee-Pine Properties, Inc.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Fort Lauderdale, for appellee-Wal-Mart Stores, Inc.

FEDER, RICHARD Y., Associate Judge.

West Town Plaza Associates, Ltd. timely appeals from the final summary judgment granted to Pines Properties, Inc. and the intervenor, Wal-Mart Stores, Inc.

The factual background arises out of an original 1972 lease from Folmar to F.W. Woolworth Co. for space in a shopping mall. The lease provided for an increased rental based on sales over eight million dollars annually. There...

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