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N.E. AT WEST PALM BEACH v. HOROWITZ

No. 84-1793.

471 So.2d 570 (1985)

N.E. AT WEST PALM BEACH, INC., a Florida Corporation, Appellant, v. Arthur HOROWITZ, Individually and As Director and Trustee of West Restaurant Corporation, a Dissolved Florida Corporation, West Restaurant Corporation, a Dissolved Florida Corporation, and 1444 Restaurant Corporation, a Florida Corporation, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 10, 1985.

Attorney(s) appearing for the Case

Bender, Bender & Chandler and James Chandler, Coral Gables, for appellant.

Joe N. Unger; Smith & Mandler, Miami, for appellees.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

Plaintiff/appellant, occupier of business premises under a sublease, alleged in a complaint that the defendant-sublessor, with whom he has a fiduciary relationship, assigned the major lease pursuant to a provision in the agreement (paragraph 30(e)) which gave the assignee the right to terminate the sublease. According to the sublease, if it were terminated pursuant to that provision, plaintiff, if in good standing, would be entitled to compensation based...

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