WINN-DIXIE STORES, INC. v. 99 CENT STUFF — TRAIL PLAZA, LLC

No. 3D01-1643.

811 So.2d 719 (2002)

WINN-DIXIE STORES, INC., a Florida Corporation, Appellant, v. 99 CENT STUFF—TRAIL PLAZA, LLC, etc., and Metropolitan Life Insurance Company, a foreign corporation, Appellees.

District Court of Appeal of Florida, Third District.

Clarification and Rehearing Denied March 27, 2002.


Attorney(s) appearing for the Case

Kaufman, Dickstein & Grunspan and Alan M. Grunspan, Miami, for appellant.

Broad and Cassel and Ronald M. Gache, West Palm Beach; Roth & Scholl and Jeff Roth, for appellee.

Before FLETCHER and SORONDO, JJ., and NESBITT, Senior Judge.


NESBITT, Senior Judge.

Winn-Dixie Stores, Inc., appeals an order granting its Motion for Temporary Injunctive Relief, claiming the relief granted was insufficient.

Winn-Dixie operated a supermarket in the Trail Plaza Shopping Center. Winn-Dixie's lease granted an exclusivity provision, restricting its landlord from permitting other tenants from selling certain products sold by Winn-Dixie. That lease provides in pertinent part:

Landlord covenants and...

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