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CJ RESTAURANT v. FMS MANAGEMENT SYSTEMS

No. 96-2809.

699 So.2d 252 (1997)

CJ RESTAURANT ENTERPRISES, INC., Appellant, v. FMS MANAGEMENT SYSTEMS, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 8, 1997.

Attorney(s) appearing for the Case

Rubin, Baum, Levin, Constant, Friedman & Bilzin, and Alvin D. Lodish, and Sherril M. Colombo, Miami; Christopher B. Waldera, Ft. Lauderdale, for appellant.

Atlas, Pearlman, Trop & Borkson, P.A., and Jan Douglas Atlas, and Wayne H. Schwartz, Ft.Lauderdale, for appellee.

Before COPE, GREEN, and SORONDO, JJ.

GREEN, Judge.

This is an appeal from the entry of an ex parte final judgment of possession and permanent injunction pursuant to a stipulation and agreed order between the parties to this appeal. For the reasons which follow, we reverse.

Appellant C.J. Restaurant Enterprises, Inc. ("CJ"), was licensed by appellee FMS Management ("FMS"), to operate eight International House of Pancakes (IHOP) restaurants. Pursuant to the terms of the license agreements, CJ was...

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