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Abjo Motors, Inc. v. Shell Oil Company, 856 F. Supp. 656 (S.D. Fla. 3-31-94)
Preliminary injunction denied. Franchisee's failure to pay rent was due to franchisor's arbitrary variable rent and failure to maintain premises was not a failure beyond his reasonable control. Held a franchisee's lack of funds to pay rent due, for whatever reason, simply cannot be characterized as beyond the franchisee's reasonable control.
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