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SANCTUARY OF BOCA, INC. v. CAREERS USA, INC.

No. 96-2357.

691 So.2d 596 (1997)

SANCTUARY OF BOCA, INC., a Florida corporation, Appellant, v. CAREERS USA, INC., a Pennsylvania corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

April 16, 1997.

Attorney(s) appearing for the Case

Edward B. Cohen of Schwartz, Gold, Cohen, Zakarin & Kotler, P.A., Boca Raton, for appellant.

Geoffrey C. Bennett of Sweetapple, Broeker & Varkas, Boca Raton, for appellee.

STEVENSON, Judge.

This is an appeal from a final order denying the landlord's motion for prevailing party's fees following a partial final judgment and a voluntary dismissal of an action filed by the tenant, which sought declaratory relief concerning the amount of rent due under a retail lease. Because the landlord's defense of the action was tantamount to an "enforcement" of its rights under the lease, we reverse.

The facts

Appellee,...

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