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MILLER v. BIELUCH

No. 4D02-141.

825 So.2d 427 (2002)

Donald MILLER, Petitioner, v. Edward BIELUCH, Sheriff of Palm Beach County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

June 19, 2002.

Attorney(s) appearing for the Case

H. Dohn Williams, Jr. of Hicks, Anderson & Kneale, P.A., Miami, for petitioner.

Fred H. Gelston of Fred H. Gelston, P.A., West Palm Beach, for respondent.

KLEIN, J.

Petitioner Miller leased, with an option to buy, a furnished residence, for two years at a monthly rate of $4,500. Miller alleges that it was agreed that, if the option to buy were exercised, it would include the furniture, and that $500 of the monthly lease payment was to be applied to the furnishings.

When the two years were almost up and Miller attempted to exercise his option to purchase, he was unable to obtain financing and moved out, taking...

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