Biscayne Park, LLC v. Wal-Mart Stores East, LP

I respectfully dissent for two reasons. First, Wal-Mart Stores East, LP (“Wal-Mart”) satisfied the requirements for the temporary injunction. Second, the temporary injunction is now moot. Therefore, I would affirm.

This controversy arose out of a failed contract to purchase land. Wal-Mart contracted to purchase land used as a trailer park from Biscayne Park, LLC (“Biscayne”). The contract permitted Wal-Mart to conduct a due diligence inspection on the land and to terminate the contract prior to closing if, after due diligence, Wal-Mart did not want to purchase the land.

Before closing on this…