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HOULIHAN'S RESTAURANTS v. APAC-FLORIDA

No. 1D03-4755.

911 So.2d 816 (2005)

HOULIHAN'S RESTAURANTS, INC., d/b/a Darryl's, Appellant, v. APAC-FLORIDA, INC., a Delaware Corporation, et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied September 26, 2005.

Attorney(s) appearing for the Case

Charles S. Stratton and Gino Luzieti of Broad and Cassel, Tallahassee; Alan E. DeSerio, Brandon, for Appellant.

John T. Wettach, Jr. of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellees.

VAN NORTWICK, J.

Houlihan's Restaurants, Inc. (Houlihan's) appeals a final judgment apportioning the proceeds of a condemnation award between Houlihan's and CNL APF Partners, Inc. (CNL), appellee. Because competent substantial evidence supports the apportionment by the trial court, we affirm.

Houlihan's leased premises owned by CNL and on those premises operated a restaurant. The lease provided that, in the event of a complete or partial eminent domain taking...

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