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Illegal Use of Equipment

By Steven N. Lippman

A Florida intermediate-level appellate court has held that a lessee is not relieved of its payment obligations when it discovers that it cannot lawfully utilize the leased equipment in the manner it intended. De Lage Landen Financial Services, Inc. v Cricket's Termite Control, Inc., 942 So. 2d 1001 (Fla. 5th DCA 2006). While the writer is aware of similar results reached in other unreported Florida actions, this decision, the first reported decision in Florida, not only will provide assistance in dealing with similar scenarios but also exhibits the strength of standard lease clauses.

Factual Background

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