V & R, Inc. v. Wolff

At issue is the propriety of a summary final judgment. We conclude that genuine issues of material fact exist and, therefore, we reverse.

The dedication in the plat of the Coral Shopping Center contains the following language: “All thoroughfares are dedicated to the perpetual use of the public in fee simple forever.” The trial court interpreted this language to prohibit commercial tenants in the shopping center from utilizing valet parking in the common parking lot. In their answer to the complaint, the defendant/tenants asserted that their use of the parking lot is not inconsistent with the…