Health Clubs, Inc. v. Englund

MOORE, JOHN H. II, Associate Judge.

This petition for certiorari seeks review of a decision of the Circuit Court acting in its appellate capacity. In that capacity the Court affirmed a summary judgment in favor of the appellee (lessor) and ordered the appellant (lessee) to vacate the leased premises.

In affirming the trial judge, the Circuit Court, sua sponte, applied §§ 796.01 and 796.02 (Fla.Stat.1977) although the record does not appear to reflect that either party raised these statutes in their pleadings. The County Court’s judgment was founded upon a breach of the lease. The record…