Shopping Center Interest, LLC v. TAB 250, Ltd.
In a long-running dispute over six offsite parking spaces, the Fourth DCA reversed a damages final judgment that the trial court adopted verbatim from appellees' proposed order (including counsel's letterhead) and that contradicted the court's own oral rulings, holding it failed to reflect independent decision-making under King/Perlow. On cross-appeal, the court held the recorded Offsite Parking Agreement created an easement running with the land (not a license) that passed to the foreclosure purchaser, that a non-signatory applicant was bound by acting as if the agreement were in force, and that the unilateral termination without City execution was void.
Key facts
- Shopping Center Interest, LLC sought to enforce rights to six offsite parking spaces against TAB 250, Ltd. and related parties in a dispute spanning multiple years.
- The trial court entered a final damages judgment that was adopted nearly verbatim from the appellee's proposed order, including counsel's letterhead, and contradicted the judge's own oral rulings from trial.
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Why it matters
The opinion is a useful, thorough application of the King/Perlow verbatim-adoption doctrine, cataloguing the specific record features (letterhead left on the order, contradiction of oral rulings, long delay, internal… — full analysis with a trial
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