From Casetext: Smarter Legal Research

Levin v. Khouri

District Court of Appeal of Florida, Fourth District
Jul 2, 1976
337 So. 2d 995 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-2087.

July 2, 1976.

Appeal from Circuit Court, Broward County; John G. Ferris, Judge.

Morton Abrams, of Sitomer Abrams, Fort Lauderdale, for appellants.

Donald H. Norman, of Ross, Norman Cory, Fort Lauderdale, for appellees.


AFFIRMED.

WALDEN, C.J., and ALDERMAN, J., concur.

MAGER, J., dissents, with opinion.


In my opinion a genuine issue of material fact exists with respect to the proposition of whether the consent of the lessor (appellees) to a proposed use (and assignment) of the leased premises was unreasonably withheld. It appears to me that the language contained in the lease was, as a matter of law, sufficiently broad so as to permit the lessee (appellants) to make such other uses of the leased premises as might be consented to by the lessor. Hence the issue of material fact concerning whether such consent was unreasonably withheld. I would therefore reverse to permit a trial on the merits.


Summaries of

Levin v. Khouri

District Court of Appeal of Florida, Fourth District
Jul 2, 1976
337 So. 2d 995 (Fla. Dist. Ct. App. 1976)
Case details for

Levin v. Khouri

Case Details

Full title:JOE LEVIN AND DOROTHY LEVIN D/B/A CREATIVE TILE DESIGN CO., APPELLANTS, v…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 2, 1976

Citations

337 So. 2d 995 (Fla. Dist. Ct. App. 1976)