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CRUISE.COM, INC. v. ELLER DRIVE PROPERTIES, INC.

No. 4D01-2489.

813 So.2d 254 (2002)

CRUISE.COM, INC., a Delaware corporation, Appellant, v. ELLER DRIVE PROPERTIES, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

April 10, 2002.

Attorney(s) appearing for the Case

Mark V. Silverio and Brian M. Silverio of Silverio & Hall, Miami, for appellant.

Eric D. Isicoff, Teresa Ragatz, and Daniel Stuzin of Isicoff, Ragatz & Koenigsberg, P.A., Miami, for appellee.

WARNER, J.

Cruise.com appeals an order granting a motion to enforce a settlement agreement between it and its landlord, Eller Properties. Cruise.com withheld the rent it had agreed to pay under a settlement of a prior dispute, after it had notified the landlord that the premises were untenantable due to a breakdown in the air conditioning system. Cruise.com contends that it was entitled to withhold the rent pursuant to section...

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