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WINN-DIXIE CHARLOTTE v. BRUNNER COS. INCOME

Nos. A00A1698, A00A1699.

538 S.E.2d 152 (2000)

245 Ga. App. 672

WINN-DIXIE CHARLOTTE, INC. v. BRUNNER COMPANIES INCOME PROPERTIES LIMITED PARTNERSHIP I (Two Cases).

Court of Appeals of Georgia.

Reconsideration Denied August 28, 2000.

Certiorari Denied February 16, 2001.

Attorney(s) appearing for the Case

Kilpatrick Stockton, Robert P. Sentell III, Mark B. Williamson, Augusta, for appellant.

Dye, Tucker, Everitt, Long & Brewton, John B. Long, Augusta, for appellee.

ELDRIDGE, Judge.

Winn-Dixie Charlotte, Inc. is a leasehold tenant in the White Horse Plaza shopping center in Greenville, South Carolina, of Brunner Companies Income Properties Limited Partnership I and sought to terminate the lease for an alleged breach. On May 27, 1999, Winn-Dixie instituted a declaratory judgment action in the Court of Common Pleas in Greenville County against Brunner to construe the lease to determine if it was breached, which action has not reached...

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