Chick-Fil-A, Inc. v. CFT Development, LLC

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 19, 2010
• Docket: 09-15066
• Status: Unpublished

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT MARCH 19, 2010 No. 09-15066 JOHN LEY Non-Argument Calendar CLERK ________________________

D.C. Docket No. 07-00501-CV-OC-10-GRJ

CHICK-FIL-A, INC.,

Plaintiff - Counter Defendant-Appellee,

versus

CFT DEVELOPMENT, LLC, PANDA RESTAURANT GROUP, INC., PANDA EXPRESS, INC.,

Defendants-Counter Claimants-Appellants.

_________________________

Appeal from the United States District Court for the Middle District of Florida _________________________ (March 19, 2010)

BEFORE TJOFLAT, WILSON and HILL, Circuit Judges.

PER CURIAM: This is an appeal from the grant by the district court of a declaratory

judgment and permanent injunction in favor of Chick-fil-A, Inc. (Chick-fil-A)

against CFT Developments, LLC, Panda Restaurant Group, Inc. and Panda

Express, Inc. (collectively, Panda Express). After discovery and a four-day bench

trial, the district court enforced a valid restrictive covenant precluding Panda

Express from constructing, leasing or operating a restaurant on property adjoining

Chick-fil-A in Mount Dora, Florida. It permanently enjoined Panda Express from

operating a restaurant on that property.

We have thoroughly reviewed the record in this case, the briefs, the

arguments of counsel presented, and the well-reasoned findings of fact and

conclusions of law made by the district court. Finding no error, the judgment of

the district court is affirmed.

AFFIRMED.