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SUNILAND ASSOCIATES LTD. v. WILBENKA, INC.

No. 94-2734.

656 So.2d 1356 (1995)

SUNILAND ASSOCIATES, LTD., etc., Appellant, v. WILBENKA, INC., Appellee.

District Court of Appeal of Florida, Third District.

June 21, 1995.

Attorney(s) appearing for the Case

Greenspoon, Marder, Hirschfeld & Rafkin, Michael Marder and Victor Kline, Fort Lauderdale, for appellant.

Proenza, White & Roberts, Tilghman & Vieth and H. Mark Vieth, Miami, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.

JORGENSON, Judge.

Suniland Associates appeals from an amended final judgment denying its claim for foreclosure of a mortgage and awarding Wilbenka damages and interest on its counterclaim for breach of a conditional assignment of lease. For the following reasons, we reverse.

In 1987, Wilbenka entered into a Termination of Lease agreement with Suniland Partners ["SPL," not related to the appellee Suniland Associates], which held title to the property known...

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