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R.K. COOPER, INC. v. URGENTAG INVESTMENTS, N.V.

No. 83-1728.

444 So.2d 1028 (1984)

R.K. COOPER, INC., Raymond K. Cooper, and Dorothy B. Cooper, Appellants, v. URGENTAG INVESTMENTS, N.V., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 24, 1984.

Attorney(s) appearing for the Case

Holland & Knight and Julian Clarkson and Andrea Simonton, Tampa, for appellants.

Goldberg & Vova and Philip S. Vova, Miami, for appellee.

Before HENDRY, NESBITT, and DANIEL S. PEARSON, JJ.

NESBITT, Judge.

The sellers appeal from a final judgment denying an injunction against the purchaser's operation of a cocktail lounge. We reverse.

The facts were stipulated to at trial. The plaintiffs were prior owners of a certain parcel of land. In 1981, they conveyed this property to the defendant's predecessor in interest subject to the following restriction:

There shall be no retail or wholesale units...

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