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ECKERD CORP. v. ZAREMBA LAND DEV., L.L.C.

No. 5D00-3389.

790 So.2d 591 (2001)

ECKERD CORP., et al., Appellant, v. ZAREMBA LAND DEV., L.L.C., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

August 3, 2001.

Attorney(s) appearing for the Case

Shawn G. Rader and C. Morris Richardson, of Lowndes, Drosdick, Dostor, Kantor & Reed, P.A., Orlando, for Appellant.

Kenneth R. Richie, of Holland & Knight, LLP, Orlando, for Appellee.

GRIFFIN, J.

This is the appeal of a declaratory judgment construing a restrictive covenant. Based on case law from this court since the lower court ruled, we reverse.

Appellant, Rosemont Investors, L.L.C., ["Rosemont"], a Georgia limited liability company, is the fee simple owner of the Lake Conway Woods Shopping Center located in Orange County, Florida. Appellant, Eckerd Corporation ["Eckerd"], a Delaware corporation, is a tenant in Lake Conway Woods Shopping...

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