GLOBAL CONTACT LENS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
KARL KNIGHT, APPELLEE

Fla. 3d DCA | 1970-02-03
No. 69-368
Before PEARSON, C. J., and CHARLES CARROLL and SWANN, JJ.
231 So. 2d 9 Florida District Court of Appeal, Third District (1970) Positive Treatment
Cited by 3 cases

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Holding

The appellate court affirmed the trial court's judgment, finding no error in the refusal to enjoin the landlord from evicting the tenant for non-payment of rent.


Facts & Procedural History

The tenant (appellant) sued the landlord (appellee) seeking to enjoin eviction for non-payment of rent, arguing the landlord had breached the lease. T…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Global Contact Lens, Inc., was the tenant of the appellee, Karl Knight. This appeal is from a final judgment entered after a trial by the court in which the court refused to exercise its equitable power to enjoin the defendant-appellee from removing the plaintiff-appellant from the rented premises for failure to pay rent.1

Appellant’s basic contention is that the court should have found that the appellee landlord had himself breached the lease and that therefore the removal for non payment of rent was inequitable. The findings of fact made by the trial court were based upon conflicting testimony. Under such circumstances we will not *10substitute our judgment for that of the trial court since the question presented is whether the record contains sufficient evidence to support the findings of fact. We have reviewed the record in this light and conclude that error has not been demonstrated upon any of the findings contained in the judgment.

Appellant has presented thirteen points on appeal and 54 assignments of error. We do not think that any great service would be rendered by an item by item discussion. In general the law applicable to the case is contained in Masser v. London Operating Co., 106 Fla. 474, 145 So. 72, 79 (1932)..

Affirmed.


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Citator

Cited By

  • Global Contact Lens, Inc. v. Knight, 254 So. 2d 807 (Fla. 3d DCA 1971)
    …t v. Global Contact Lens, Inc., Fla.App.1969, 220 So. 2d 693. After a hearing on the merits, final judgment was entered for the landlord, and the injunction was dissolved; the judgment was affirmed. Global Contact Lens, Inc. v. Knight, Fla.App.1970, 231 So. 2d 9. Appellant has presented several points for reversal, and some we have found to be meritorious, and therefore reverse in part and affirm in part. We reverse those portions of the judgment concerning the measure of damages as to lost profits and the…
  • Knight v. Global Contact Lens, Inc., 319 So. 2d 622 (Fla. 3d DCA 1975)
    …PER CURIAM. This appeal arises out of a landlord-tenant dispute which has been before this court on other occasions. Global Contact Lens, Inc. v. Knight, Fla.App.1971, 254 So. 2d 807, and Global Contact Lens, Inc. v. Knight, Fla.App.1970, 231 So. 2d 9. In the earlier stages of the case, it was determined that appellant Karl Knight, landlord and defendant in the trial court, was lawfully entitled to the possession of his property occupied by Global Contact Lens, Inc., as tenant, and that Global ha…
    1 / 2
  • Global Contact Lens, Inc. v. Knight, 237 So. 2d 752 (Fla. 1970)
    …Certiorari denied without opinion. 231 So. 2d 9.…

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