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ORR v. HAMMONS

No. 95-05129.

682 So.2d 614 (1996)

Donald ORR, Appellant, v. Thomas L. HAMMONS, General Partner of Bayrock Investment Company, an Ohio Limited Partnership, and Bayrock Investment Company, an Ohio Limited Partnership, Appellees.

District Court of Appeal of Florida, Second District.

October 30, 1996.

Attorney(s) appearing for the Case

Robert E. Turffs, Sarasota, for Appellant.

Harry W. Haskins, Sarasota, for Appellees.

PER CURIAM.

Donald Orr appeals a summary judgment on his counterclaim alleging that Bayrock Investment Company breached a covenant of quiet enjoyment in his lease. Because there were disputed issues of material fact, summary judgment was improper. See National Exhibition Co. v. Ball, 139 So.2d 489 (Fla. 2d DCA 1962). Accordingly, we reverse the summary judgment granted on the counterclaim alleging breach of the covenant of...

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