BARREIRO V. HO'S ENTERPRISES

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D., 2003 JORGE BARREIRO and DALIA L. SOLAYA, his wife, Appellants, vs. HO S ENTERPRISES, INC., a Florida corporation, Appellee. ** ** ** ** ** CASE NO. 3D02-3063 LOWER TRIBUNAL NO. 00-19281 ** Opinion filed December 10, 2003. An Appeal from the Circuit Court for Miami-Dade County, Ellen L. Leesfield, and Norman S. Gerstein, Judges. Ginsberg & Schwartz, and Arnold R. Ginsberg; David J. Halberg, for appellants. Seipp Flick & Kissane, and Surama Suarez, for appellee. Before GERSTEN, RAMIREZ, and WELLS, JJ. PER CURIAM. We reverse the summary judgment entered below finding genuine issues of material fact exist regarding improvements to the leased premises and the lessor s responsibility for those improvements. See Moore v. Morris, 475 So. 2d 666 (Fla. 1985); Williams v. Florida Realty & Mgmt Co., 272 So. 2d 176 (Fla. 3d DCA 1973). Reversed. 2

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