CAMPANIELLO v. AMICI PARTNERSHIP

No. 4D01-4842.

832 So.2d 870 (2002)

Thomas CAMPANIELLO, Appellant, v. AMICI PARTNERSHIP, a Florida General Partnership, by HGR, Inc., General Partner, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 15, 2003.


Attorney(s) appearing for the Case

Steven A. Mayans and E. Cole FitzGerald, III, of FitzGerald, Hawkins, Mayans & Cook, P.A., West Palm Beach, for appellant.

Bridget Ann Berry, Mark F. Bideau and Lorie M. Gleim of Greenberg Traurig, P.A., West Palm Beach, for appellee.


SHAHOOD, J.

We reverse and remand the trial court's granting of Final Summary Judgment because we hold there was a disputed question of material fact.

Thomas Campaniello (Campaniello), as the lessor of commercial restaurant property and Amici Partnership (Amici), as lessee, entered into a lease agreement whereby Amici agreed to pay Campaniello a set rent plus the larger of a consumer price index calculation or seven percent of Amici's "gross receipts." The...

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