LEVIN v. KHOURI

No. 75-2087.

337 So.2d 995 (1976)

Joe LEVIN and Dorothy Levin d/b/a Creative Tile Design Co., Appellants, v. Albert S. KHOURI and Mary Khouri, His Wife, D/B/a Continental Plaza, Appellees.

District Court of Appeal of Florida, Fourth District.

July 2, 1976.


Attorney(s) appearing for the Case

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

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


PER CURIAM.

AFFIRMED.

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

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting):

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...

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