Articles Posted in Landlord - Tenant

by
Winn-Dixie filed suit against Big Lots, Dollar General, and Dollar Tree, to enforce a grocery exclusive provision of its leases. At issue on appeal was the district court's ruling on remand. The district court found that none of the Alabama stores was violating the grocery exclusive provisions. In regard to the Florida stores, the district court ruled that the definitions of "groceries" and "sales area" in Winn-Dixie Stores, Inc. v. 99 Cent Stuff-Trail Plaza, LLC, 811 So. 2d 719 (Fla. 3d DCA 2002), applied. The Eleventh Circuit reversed the district court's judgment as to the Dollar General and Big Lots stores in Florida and remanded with instructions for the district court to apply to those stores, which had leases dated before February 20, 2002, the same definitions of "groceries" and "sales area" that it applied to the Florida stores with leases dated after February 20, 2002. The court affirmed as to the Alabama stores. View "Winn-Dixie Stores, Inc. v. Dolgencorp, LLC" on Justia Law