PUBLIX SUPER MARKETS v. WILDER CORP. OF DE

No. 2D03-3690.

876 So.2d 652 (2004)

PUBLIX SUPER MARKETS, INC., a Florida corporation, Appellant/Cross-Appellee, v. WILDER CORPORATION OF DELAWARE, a Delaware corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

June 18, 2004.


Attorney(s) appearing for the Case

Edwin A. Scales, III, of Edwin A. Scales, III, P.A., Key West; Mark N. Miller of Gray Robinson, P.A., Lakeland; and Monterey Campbell, Lakeland, for Appellant/Cross-Appellee.

Stanley T. Padgett and Mark G. Morgan of Morgan, Padgett Law Group, P.A., Tampa, for Appellee/Cross-Appellant.


VILLANTI, Judge.

Wilder Corporation of Delaware (Wilder) sued Publix Super Markets, Inc. (Publix) for a declaratory judgment as to the meaning of the parties' reciprocal easement agreement. The circuit court construed the agreement in Wilder's favor. For reasons discussed below, we reverse.

Publix and Wilder are successors in interest to a 1974 reciprocal easement agreement between Pinellas Shopping Centers, Inc. (Pinellas), and Jenbank, Inc. (Jenbank), respectively...

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