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SUNSET CENTRES LIMITED PARTNERSHIP v. STAR VALUE BOYNTON, INC.

No. 90-1163.

592 So.2d 366 (1992)

SUNSET CENTRES LIMITED PARTNERSHIP, a Florida Limited Partnership, Spey Hawkes, Fla., Inc., a corporation, and WPI, Fla., Inc., a corporation as General Partners of Sunset Centres Limited Partnership, Appellants, v. STAR VALUE BOYNTON, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

January 22, 1992.

Attorney(s) appearing for the Case

Steven A. Mayans of Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., West Palm Beach, for appellants.

Gregory L. Scott of Nason, Gildan, Yeager, Gerson & White, P.A., West Palm Beach, for appellee.

PER CURIAM.

Sunset Centres, Inc., the landlord on a shopping center lease, appeals from a summary judgment determining that the lease terms do not prohibit Star Value, the tenant, from selling prescription drugs or selling and renting videotapes. We affirm in part and reverse and remand in part.

The lease clause in question provides:

Tenant shall use the leased premises solely for the purpose of conducting business of: sale at retail of any merchandise...

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