COLOMBA LUSARDI, TREFFLE BERUBE AND GRACE BERUBE, HIS WIFE, AND VAN TERMINAL, INC., A FLORIDA CORPORATION, APPELLANTS,

v.

DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Home Dev. Co. OF ST. Petersburg, Inc. v. Bursani, 178 So. 2d 113 (Fla. 1965)
  …za v. Bass, Fla.App., 1962, 144 So. 2d 520; Gendzier v. Bielecki, Fla.1957, 97 So. 2d 604; and Pierce v. Isaac, 1938, 134 Fla. 666, 184 So. 509. See also Zapetis v. Wills, Fla.App. 1963, 156 So. 2d 33; and Stemmler v. Moon Jewelry Co., Fla.App.1962, 139 So. 2d 150. In an attempt to support the decree in question, it is contended on behalf of the respondent-Bursani that “book value” is not a word or art with a fixed, legal meaning; that it was necessary for the Special Master to receive evidence as to what th…
• Jerrico, Inc. v. Wash. Nat'l Ins. Co., 400 So. 2d 1316 (Fla. 5th DCA 1981)
  …. 132, 7 So. 2d 342 (1942); Lincoln Tower Corporation v. Richter’s Jewelry Company, 152 Fla. 542, 12 So. 2d 452 (1943). Appellant relies on Diltz v. J & M Corp., 381 So. 2d 272 (Fla. 3d DCA 1980), and Stemmler v. Moon Jewelry Company, Inc., [*1318] 139 So. 2d 150 (Fla. 1st DCA 1962), for the proposition that a rental based on a percentage of receipts does not imply a covenant to operate the business where there is a substantial guaranteed rental. In Diltz, the court found nothing in the lease similar to the…
• Diltz v. J & M Corp., 381 So. 2d 272 (Fla. 3d DCA 1980)
  …d, consequently, the lessees did not breach the lease by discontinuing their Burger King business thereon and in thereafter paying the minimum $12,000 monthly rentals; Floste Corp. v. Marlemes, 53 So. 2d 538 (Fla.1951); Stemmler v. Moon Jewelry Co., 139 So. 2d 150 (Fla. 1st DCA 1962); Annot., 40 A.L.R.3d 971, 975 (1971); (b) the lease contains no provision for the payment of rent based on the gross sales of the lessees’ Burger King business located outside the demised premises, and, accordingly, the trial cou…

Authorities Cited

• Dade Cnty. v. City of N. Miami Beach, 69 So. 2d 780 (Fla. 1953)
• Woodlawn Park Cemetery Co. v. City OF Miami, 104 So. 2d 851 (Fla. 3d DCA 1958)