SEARS, ROEBUCK & CO. v. FRANCHISE FINANCE CORP.

No. 97-02790.

711 So.2d 1189 (1998)

SEARS, ROEBUCK AND CO., a New York corporation, Appellant, v. FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation, as successor by merger to FFCA/IIP 1986 Property Company, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 1, 1998.


Attorney(s) appearing for the Case

Ronald S. Holliday and Mercedes G. Hale of Rudnick & Wolfe, Tampa, for Appellant.

James V. Lau of Lau, Lane, Pieper, Conley & McCreadie, P.A., Tampa, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant, Sears, Roebuck and Company (Sears), challenges a final summary judgment that declared a condition in a nonexclusive easement unenforceable and void. We reverse.

Sears owns real property (Sears Parcel) in Manatee County on which it operates a retail store. Bradenton Mall Associates (Developer) owns a retail shopping center (Developer Parcel) adjacent to the Sears Parcel. Sears and the Developer, because their parcels...

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