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TUSA v. RALPH ROFFE & KKA, INC.

Nos. 4D00-2112, 4D00-2113 and 4D00-3005.

791 So.2d 512 (2001)

Gaetano TUSA, Appellant, v. Ralph ROFFE and KKA, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 22, 2001.

Attorney(s) appearing for the Case

Dennis B. Freeman of Dennis B. Freeman, P.A., Aventura, for appellant.

Michael E. Samuel, Hollywood, for appellee Ralph Roffe.

Stanley G. Swiderski of Law Office of Stanley G. Swiderski, P.A., Hollywood, for appellee KKA, Inc.

POLEN, C.J.

In this consolidated appeal, Gaetano Tusa, the lessee of real property used for a pizza restaurant, appeals from an order striking and dismissing its claims for declaratory and injunctive relief against its lessor, Ralph Roffe, and Roffe's other lessee, KKA, Inc. ("appellees"), and also from an order granting Roffe attorney's fees. We affirm in part and reverse in part.

In October, 1997, Tusa entered into a ten-year business lease, to commence...

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