Legal Opinion

Harbour Bay Plaza Associates Ltd. v. Foxfire Inn of Stuart Florida (In Re Foxfire Inn of Stuart Florida)

United States Bankruptcy Court, S.D. Florida.

Decided May 25, 1983No. 18-24770PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The plaintiff/landlord seeks stay relief under 11 U.S.C. § 362(d)(1) in order to continue pending eviction proceedings against the debtor/tenant. The debtor has responded and the matter was tried on May 17.

I find that the debtor defaulted upon its rental payments and on February 11, 1983, plaintiff elected to terminate the lease in accordance with its provisions (Paragraph 17.01) and that plaintiff did so, not only in accordance with the terms of the lease but also in compliance with the requirements of § 83.20, Florida Statutes. The rent…

2Cases cited1 opinion

  1. Executive Square Office Building v. O'Connor & Associates, Inc.United States Bankruptcy Court, N.D. Florida · 1981

3Cited by13 opinions

  1. Chart House, Inc. v. Maxwell (In Re Maxwell)District Court, N.D. Illinois · 1984
  2. Gallatin Housing Authority v. Talley (In Re Talley)United States Bankruptcy Court, M.D. Tennessee · 1986
  3. Matter of Escondido West TravelodgeDistrict Court, S.D. California · 1985
  4. MATTER OF ROSS v. Metropolitan Dade CountyDistrict Court, S.D. Florida · 1992
  5. In Re Players' Pub, Inc.United States Bankruptcy Court, D. Massachusetts · 1985

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