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GROUPER FINANCIAL, INC. v. WORLD GYM, NMB, INC.

No. 3D03-2025.

873 So.2d 593 (2004)

GROUPER FINANCIAL, INC., Appellant, v. WORLD GYM, NMB, INC., Appellee.

District Court of Appeal of Florida, Third District.

May 26, 2004.

Attorney(s) appearing for the Case

Silver, Garvett & Henkel; Hersch & Talisman and Patrice A. Talisman, Miami, for appellant.

Zarco Einhorn & Salkowski and Alejandro Brito, Miami, for appellee.

Before SCHWARTZ, C.J., and LEVY, J., and COBB, WARREN, Senior Judge.

SCHWARTZ, Chief Judge.

Because the appellee's failure to make a timely payment of rent constituted a clear and material breach of the parties' settlement agreement,1 the order under review denying the application for a final judgment for removal of tenant and for possession as the agreement also provided, is reversed and the cause remanded with instructions to grant the appellant that relief. See Sublime, Inc. v. Boardman's, Inc.,<...

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