W.G. LASSITER, JR., APPELLANT,
v.
LESTER KAUFMAN, IRENE KAUFMAN, AND BLANCHE FINK, APPELLEES
W.G. LASSITER, JR., APPELLANT,
LESTER KAUFMAN, IRENE KAUFMAN, AND BLANCHE FINK, APPELLEES
563 So. 2d 209
Florida District Court of Appeal, Fourth District (1990)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We grant appellant’s amended motion for rehearing and clarification, and substitute the following opinion for the majority view of our original opinion:
AFFIRMED on the authority of Palm Pavilion of Clearwater, Inc. v. Thompson, 458 So. 2d 893 (Fla. 2d DCA 1984). See also the dissent in Contos v. Lipsky, 433 So. 2d 1242 (Fla. 3d DCA 1983). Because we recognize a possible conflict with the Contos majority, we certify the following question to the supreme court:
IN THE DETERMINATION OF FAIR MARKET VALUE OF LEASED PROPERTY AT THE TIME OF THE EXERCISE OF A LESSEE’S OPTION TO PURCHASE, MAY THE TRIAL COURT CONSIDER THE PRESENT VALUE OF THE FEE UNENCUMBERED BY THE LEASE?
STONE and GARRETT, JJ., concur. DOWNEY, J., concurs in part and dissents in part with opinion.
Other
DOWNEY, Judge,
concurring in part and dissenting in part:
I concur in the court’s decision to grant rehearing, but adhere to my dissent attached to the court’s opinion issued February 14, 1990.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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W.G. Lassiter, Jr. v. Kaufman, 581 So. 2d 147 (Fla. 1991)…HARDING, Justice. We have for review Lassiter v. Kaufman, 563 So. 2d 209, 209 (Fla. 4th DCA 1990), in which the Fourth District Court of Appeal certified the following question to be of great public importance: IN THE DETERMINATION OF FAIR MARKET VALUE OF LEASED PROPERTY AT THE TIME OF THE EXERCISE OF A LESSEE’S OPTION…
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Kaufman v. W.G. Lassiter, Jr., 616 So. 2d 491 (Fla. 4th DCA 1993)…y judgment in appellant’s favor. This court affirmed the trial court’s ruling that $1,684,000.00 was the fair market value of the property and certified a question to the Florida Supreme Court regarding the method of valuation. Lassiter v. Kaufman, 563 So. 2d 209 (Fla. 4th DCA 1990), on remand superceding, 15 F.L.W. D419 (Fla. 4th DCA Feb. 14, 1990). [*493] The supreme court analyzed the doctrine of merger and the lease agreement’s language that gave appellee the option to purchase “fee title” and agreed wit…
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Freundlich v. W.G. Lassiter, Jr., 666 So. 2d 164 (Fla. 4th DCA 1995)…in the [*165] instant ease, as even the appellant admits in the response. . Kaufman v. Lassiter, 520 So. 2d 692 (Fla. 4th DCA 1988), appeal after remand, 15 Fla.L.Weekly D419, 1990 WL 11118 (Fla. 4th DCA Feb. 14, 1990), opinion superseded on reh’g, 563 So. 2d 209 (Fla. 4th DCA 1990), approved, 581 So. 2d 147 (Fla.1991); Kaufman v. Lassiter, 616 So. 2d 491 (Fla. 4th DCA), rev. denied, 624 So. 2d 267 (Fla. 1993).…
Authorities Cited
- Contos v. Evalyn Lipsky, 433 So. 2d 1242 (Fla. 3d DCA 1983)
- Palm Pavilion OF Clearwater, Inc. v. Thompson, 458 So. 2d 893 (Fla. 2d DCA 1984)