Winn-Dixie Stores, Inc. v. Dolgencorp, Inc.

964 So. 2d 261 (2007)

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Winn-Dixie Stores, Inc. v. Dolgencorp, Inc.

Florida District Court of Appeal
964 So. 2d 261 (2007)

SC

Facts

Winn-Dixie (plaintiff) operates a grocery store in a shopping plaza and, as the anchor tenant, its lease gave it the exclusive right to sell groceries in the plaza, the only exception being that other stores in the plaza could sell groceries as long as they dedicated no more than 500 square feet to the sales. The lease provided that all provisions in the lease were deemed to be covenants that ran with the land. Dolgencorp (defendant) became a tenant at the shopping plaza and began selling groceries in more than 500 square feet of its store. Winn-Dixie filed a complaint seeking injunctive relief. Dolgencorp filed a motion for summary judgment. The trial court granted Dolgencorp’s motion. Winn-Dixie appealed.

Rule of Law

Issue

Holding and Reasoning (Gross, J.)

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