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PANTRY, INC. v. MIJAX MANAGER, LLC

Case No. 5D20-612.

310 So.3d 504 (2020)

The PANTRY, INC. and Circle K Stores, Inc., Appellants, v. MIJAX MANAGER, LLC, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed December 31, 2020.

Attorney(s) appearing for the Case

D. Kent Safriet and Winston K. Borkowski , of Hopping Green & Sams, P.A., Tallahassee, for Appellants.

Gary L. Summers , of Gary L. Summers, P.A., Tavares, for Appellee.

A properly executed, notarized, and recorded restrictive covenant, limiting the type of business that may be conducted on a parcel of land, can bind subsequent purchasers under the doctrine of constructive notice. Appellants, The Pantry, Inc., ("Pantry") and Circle K Stores, Inc., ("Circle K") are the parties protected by a restrictive...

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