B. T., INC., APPELLANT,
v.
SQUARE DEAL MACHINERY & SUPPLY CO., APPELLEE
B. T., INC., APPELLANT,
SQUARE DEAL MACHINERY & SUPPLY CO., APPELLEE
168 So. 2d 693
Florida District Court of Appeal, Second District (1964)
Positive Treatment
Cited by 2 cases
Opinion of the Court
This is an appeal from a judgment in rfavor of the plaintiff in a replevin action to recover a crawler tractor. The matter was tried before the judge without a jury.
A careful review of the record reveals ample reason to sustain the decision of the trial court. Accordingly, the cause is
Affirmed.
SHANNON, Acting C. J., and WHITE and ANDREWS, JJ., concur.
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Moskos v. Hand, 247 So. 2d 795 (Fla. 4th DCA 1971)…ease expressly waived all notice required by law. Such a lease provision takes precedence over the statute. Baker v. Clifford-Mathew Investment Co., 1930, 99 Fla. 1229, 128 So. 827, and Altiere v. Atlantic Nat. Bank of West Palm Beach, Fla.App.1964, 168 So. 2d 693. The judgment appealed is reversed and the case remanded for proceedings consistent herewith. Reversed’and remanded. REED and MAGER, JJ., concur.…
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Linens OF Paris, Inc. v. Seymour Cymet, 510 So. 2d 1021 (Fla. 3d DCA 1987)…o. 2d 5, 6 (Fla. 3d DCA) (lessors waived right to attorney’s fees provided for in lease when they abandoned their claims grounded upon the lease in favor of equitable remedy), review denied, 500 So. 2d 544 (Fla.1986); Altiere v. Atlantic Nat’l Bank, 168 So. 2d 693, 695 (Fla. 2d DCA 1964) (lessor’s right to exercise option of terminating lease upon the lessee’s breach is not automatic and may be waived if lessor fails to take action); In re Boogaart, Inc., 17 B.R. 480, 485 (Bankr.S.D.Fla.1981) (“A lessor’s fai…