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Biscayne Plaza Unit v. G.R. Kinney

District Court of Appeal of Florida, Third District
Jun 25, 1959
113 So. 2d 244 (Fla. Dist. Ct. App. 1959)

Opinion

No. 58-743.

June 25, 1959.

Appeal from the Circuit Court for Dade County, Ray Pearson, J.

Schwarz Zinn and Morton R. Goudiss, Miami, for appellant.

Scott, McCarthy, Preston, Steel Gilleland and Jerry B. Crockett, Miami, for appellee.


Appellant was defendant in an action brought by the appellee to enjoin the operation by appellant of a refreshment stand. The plaintiff-appellee was the lessee of a store unit in a shopping plaza owned and operated by the appellant-defendant. The complaint sought to enjoin the operation of a refreshment stand or "snack bar", containing automatic dispensing machines, installed by the lessor in front of plaintiff's shoe store and separated from the store by a sidewalk. At the conclusion of the trial a final decree in favor of plaintiff was entered and this appeal followed.

The burden of appellant's argument is that the evidence was not sufficient to support the final decree because 1) the monetary damage was not proved, 2) the damages were trivial and not irreparable, and 3) the structure did not violate any of the terms of the lease agreement between the parties. A review of the record in the light of the briefs and argument reveals substantial evidence for the chancellor's conclusion that the erection and operation of the refreshment stand deprived the plaintiff of the full use of the property leased to it.

Affirmed.

CARROLL, CHAS., C.J., and HORTON and PEARSON, JJ., concur.


Summaries of

Biscayne Plaza Unit v. G.R. Kinney

District Court of Appeal of Florida, Third District
Jun 25, 1959
113 So. 2d 244 (Fla. Dist. Ct. App. 1959)
Case details for

Biscayne Plaza Unit v. G.R. Kinney

Case Details

Full title:BISCAYNE PLAZA UNIT THREE CORP., APPELLANT, v. G.R. KINNEY CO., MIAMI…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 25, 1959

Citations

113 So. 2d 244 (Fla. Dist. Ct. App. 1959)