VILLAGE 45 PARTNERS, LLC v. RECETRAC PETROLEUM INC.

No. 4D01-4235.

831 So.2d 758 (2002)

VILLAGE 45 PARTNERS, LLC, a Florida limited liability company, Appellant, v. RACETRAC PETROLEUM INC., a Georgia corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

November 27, 2002.


Attorney(s) appearing for the Case

Cynthia J. Becker and Glen Rafkin of Greenspoon, Marder, Hirschfeld, Rafkin, Ross & Berger, P.A., Fort Lauderdale, for appellant.

John H. Pelzer of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellee.


FARMER, J.

This case concerns entitlement to fees under a restrictive covenant in title to real property. A prospective purchaser of property apparently affected by the covenant brought a declaratory judgment action to determine whether the subject property could be developed for a specific commercial usage. Before the court could determine a motion for summary judgment filed by a grantee in possession of connected property, the prospective purchaser voluntarily dismissed...

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