KMS Restaurant Corp. v. Wendy's International, Inc.

Appellant, KMS Restaurant Corp. (“KMS”), appeals the distinct court’s final judgment entered in its favor against appellee Wendy’s International, Inc. (“Wendy’s”). Wendy’s cross-appeals the district court’s adverse final judgment and denial of its motion for a new trial. For the reasons that follow, we affirm.

I. BACKGROUND

This appeal marks the third time this case has been before this court. 1 This case stems from KMS’ attempt to purchase 27 Wendy’s restaurants in Florida from Citicorp, North American, Inc. (“Citicorp”). Because the restaurants are franchises of Wendy’s, the purchase contract…