Legal Opinion

City Management v. Zayas

Circuit Court for the Judicial Circuits of Florida

Decided May 3, 1982No. Case No. 81-363-APPublished

1Per curiam

*98Notwithstanding the well intended motive of the trial judge1, it is beyond peradventure that he erred in entering his amended final judgment, which for all intent and purpose, created a new lease agreement between the parties. Cf. City of Miami Beach v. Frankel, 363 So.2d 555 (Fla. 1978). However, our review of the evidence reveals overwhelmingly that the action by the landlord was in retaliation for the tenants’ efforts to form an association and complain of defects to local regulatory agencies. Kendig v. Kendall Construction Co., 317 So.2d 138 (Fla. 4th DCA 1975). Therefore, the lower court…

2Cases cited2 opinions

  1. City of Miami Beach v. FrankelSupreme Court of Florida · 1978
  2. Kendig v. Kendall Construction Co.District Court of Appeal of Florida · 1975

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