LIMAR REALTY CORPORATION, A FLORIDA CORPORATION, AND MODERNAGE FURNITURE CORPORATION, A FLORIDA CORPORATION, APPELLANTS,
v.
CAIN & BULTMAN, INC., A FLORIDA CORPORATION, APPELLEE
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This case involves a dispute over a lessee's right to erect a sign on a building. The appellate court affirmed the lower court's decision, which enjoined the lessee from placing a sign above another tenant's business sign.
No, the lower court did not err in its interpretation of the lease. The appellate court found no demonstration of error in the chancellor's construction of the lease regarding sign placement.
“The circuit court decree appealed from enjoined a lessee of one portion of a one story business building from erecting and maintaining a sign adjacent to and attached to a portion of the building leased by another tenant, and which was located above the business sign of the latter.”
This quote describes the core of the dispute and the lower court's ruling that is being appealed.
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Join FLexlaw to unlock all legal intelligenceLimar Realty Corporation and Modernage Furniture Corporation (lessees) appealed a circuit court decree. The decree enjoined them from erecting and mai…
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The circuit court decree appealed from enjoined a lessee of one portion of a one story business building from erecting and maintaining a sign adjacent to and attached to a portion of the building leased by another tenant, and which was located above the business sign of the latter.
The chancellor was called upon to determine the meaning of the lease, relating to the placing of signs, on consideration of its language in the light of the facts and circumstances, and it has not been demonstrated on this appeal that the construction he-placed thereon was in error. See Helie v. Wickersham, 103 Fla. 254, 137 So. 226; Williams v. Ray, 107 Fla. 327, 329, 144 So. 679; Thomson v. Goldstein, 117 Fla. 272, 157 So. 569; Clark v. Clark, Fla.1955, 79 So.2d 426.
Affirmed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hall v. Hall, 135 So. 2d 432 (Fla. 3d DCA 1961)…placed upon a contract by the chancellor is correct and where the appellate court has no clear conviction that this construction is erroneous, it should affirm. Clark v. Clark, supra; Limar Realty Corporation v. Cain & Bultman, Inc., Fla.App. 1958, 104 So. 2d 54. As to the parcel containing the family home, a study of the record fails to clearly establish that the chancellor erred in construing the settlement agreement to mean that taxes should be paid by defendant as part of the maintenance and support en…
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Limar Realty Corp. v. Cain & Bultman, Inc., 106 So. 2d 200 (Fla. 1958)…Certiorari denied 104 So. 2d 54.…
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Fontainebleau Hotel Corp. v. Rosenberg, 121 So. 2d 675 (Fla. 3d DCA 1960)…have been based upon a construction of the debenture covenant and the appellant has not demonstrated on this appeal that this construction was in error, the judgment should be affirmed. Limar Realty Corporation v. Cain & Bultman, Inc., Fla.App.1958, 104 So. 2d 54, and cases cited therein. However, our analysis leads us to the same conclusion as that reached by the trial court. Accordingly, the judgment appealed is affirmed. PEARSON and CARROLL, CHAS., JJ., concur.…
Authorities Cited
- Alyce Clark v. Clark, 79 So. 2d 426 (Fla. 1955)
- Halie v. Wickersham, 103 Fla. 254 (Fla. 1931)
- Williams v. Ray, 107 Fla. 327 (Fla. 1932)
- Kendall v. State, 117 Fla. 271 (Fla. 1934)
- Thomson v. Goldstein, 117 Fla. 272 (Fla. 1934)