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COVELLI FAMILY, L.P. v. ABG5, L.L.C.

No. 4D06-4298.

977 So.2d 749 (2008)

COVELLI FAMILY, L.P., a Florida Limited Partnership, d/b/a Panera Bread, Appellant, v. ABG5, L.L.C., a Florida corporation, as successor in interest to Three Avenues, L.L.C., a Florida corporation; and Continental Casualty Company, an insurance company, Appellees.

District Court of Appeal of Florida, Fourth District.

March 26, 2008.

Attorney(s) appearing for the Case

James P. Waczewski and Paul S. Jones of Luks, Santaniello, Perez, Petrillo & Gold, Orlando, for appellant.

Fred L. Kretschmer, Jr., of Brennan & Kretschmer, P.A., and Lisa D. Harpring, Vero Beach, for appellee ABG5, L.L.C.

ON MOTION FOR REHEARING

STEVENSON, J.

We grant appellant's Motion for Rehearing in part, withdraw our previous opinion, and issue the following in its place.

Tenant, Covelli Family, L.P., d/b/a Panera Bread, appeals the trial court's final judgment in favor of landlord, ABG5, L.L.C. After the leased property was damaged by two hurricanes, ABG5 gave Panera notice of its intent to terminate under the "damage or destruction" section of the lease...

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