GROUPER V. WORLD GYM

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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 JANUARY TERM, A.D. 2004 GROUPER FINANCIAL, INC., ** Appellant, ** vs. ** CASE NO. 3D03-2025 WORLD GYM, NMB, INC., ** LOWER TRIBUNAL NO. 03-00551 Appellee. ** Opinion filed May 26, 2004. An Appeal from a non-final order from the Circuit Court for Dade County, Marc Schumacher, Judge. Silver, Garvett & Henkel; Hersch & Talisman and Patrice A. Talisman, for appellant. Zarco Einhorn & Salkowski and Alejandro Brito, for appellee. Before SCHWARTZ, C.J., and LEVY, J., and COBB, WARREN, Senior Judge. SCHWARTZ, Chief Judge. Because the appellee s failure to make a timely payment of rent constituted a clear and material breach of the parties settlement 1 agreement,1 the order under review denying the The agreement specified that payment was to be made by cashier s check or wire transfer. Instead, the appellee tenant tendered a application for a final judgment for removal of tenant and for possession as the agreement also provided, is reversed and the cause remanded with instructions to grant the appellant that relief. See Sublime, Inc. v. Boardman s, Inc., 849 So. 2d 470 (Fla. 4th DCA 2003); Treasure Coast, Inc. v. Ludlum Construction Co., 760 So. 2d 232 (Fla. 4th DCA 2000). Reversed and remanded. simple corporate check which twice bounced. 2

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