NEELY DEVELOPMENT CORPORATION v. Service First Investments, Inc.

Blackburn, Presiding Judge.

Service First Investments, Inc. (Service) filed suit against Neely Development Corporation (Neely) primarily to obtain specific performance of a provision in a real estate contract that required Neely to execute a restrictive covenant. After Neely and Service stipulated to the absence of disputed facts, the trial court awarded summary judgment to Service. In this appeal, Neely contends that the trial court misapplied the applicable law, and genuine issues of material fact foreclosed summary judgment. We disagree. The determinative issue is a question of contract…