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ORLANDO LAKE FOREST v. LAKE FOREST MASTER

No. 5D12-1123.

105 So.3d 646 (2013)

ORLANDO LAKE FOREST JOINT VENTURE, etc., Appellant, v. LAKE FOREST MASTER COMMUNITY, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

January 25, 2013.

Attorney(s) appearing for the Case

T. Todd Pittenger and Kelly J.H. Garcia of Akerman Senterfitt, Orlando, for Appellant.

David A. Theriaque , Christopher F. Busch and S. Brent Spain of Theriaque & Spain, Tallahassee, for Appellee.

TORPY, J.

In this dispute regarding the meaning of an agreement restricting the use and development of real property, we view the dispositive issue as whether the agreement restricts the development of the subject lots to a shopping center, thereby prohibiting its development as an apartment complex. Although the operative portion of the agreement makes no such restriction, the trial court concluded that a "WHEREAS" clause contained within the recital compels such...

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