Eckerd Corp. v. Zaremba Land Dev., L.L.C.

This is the appeal of a declaratory judgment construing a restrictive covenant. Based on case law from this court since the lower court ruled, we reverse.

Appellant, Rosemont Investors, L.L.C., [“Rosemont”], a Georgia limited liability company, is the fee simple owner of the Lake Conway Woods Shopping Center located in Orange County, Florida. Appellant, Eckerd Corporation [“Eckerd”], a Delaware corporation, is a tenant in Lake Conway Woods Shopping Center.

On December 10, 1999, Appellee, Za-remba Land Development, L.L.C. [“Za-remba”], a Delaware limited liability company, entered into a…