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V & R, INC. v. WOLFF

No. 83-799.

452 So.2d 1029 (1984)

V & R, INC., Roger Bacon, Stephen Vincent, and Montego Bay Corporation, Appellants, v. Arthur M. WOLFF, Michael H. Gora, Gulfstream Camera & Sound, Inc., Heath-Jo, Inc., D/B/a Wyn's Green Olive Lounge, Aloha Travel Agency Inc. and John Cavell D/B/a Fort Lauderdale Secretarial Service, and All Others Similarly Situate As a Class, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

July 5, 1984.

Attorney(s) appearing for the Case

J. David Lynch of Andrews & Lubbers, P.A., Fort Lauderdale, for appellants.

Michael H. Gora of Wolff & Gora, Fort Lauderdale, for appellees.

PER CURIAM

At issue is the propriety of a summary final judgment. We conclude that genuine issues of material fact exist and, therefore, we reverse.

The dedication in the plat of the Coral Shopping Center contains the following language: "All thoroughfares are dedicated to the perpetual use of the public in fee simple forever." The trial court interpreted this language to prohibit commercial tenants in the shopping center from utilizing valet parking in the...

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