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FLANIGAN'S ENTERPRISES v. SHOPPES AT 18TH

No. 4D06-1276.

954 So.2d 758 (2007)

FLANIGAN'S ENTERPRISES, INC., a Florida corporation, Appellant, v. SHOPPES AT 18TH & COMMERCIAL, INC., a Florida corporation, SKHHP Broward Building Partnership, a Florida general partnership, Leonard Hayet, Edward Glickman, as Personal Representative of the Estate of Franklin Z. Glickman, and David Bowman, Esquire, an individual, Appellees.

District Court of Appeal of Florida, Fourth District.

May 9, 2007.

Attorney(s) appearing for the Case

H. Clay Roberts of Roberts & Durkee, P.A., Coral Gables, for appellant.

Margaret Villella of Atkinson, Diner, Stone, Mankuta & Ploucha, P.A., Fort Lauderdale, for appellee Shoppes at 18th & Commercial, Inc., a Florida corporation.

ON MOTION FOR REHEARING

GROSS, J.

We grant appellant's motion for rehearing, withdraw our earlier opinion, and issue the following.

The issue in this case is whether the purchaser of a commercial building was on notice of an unrecorded termination by release of a parking easement so that the purchaser is precluded from relying on section 695.01, Florida Statutes (2001) to avoid the release. We hold that the undisputed record evidence was that...

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