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

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 19, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-15066
Non-Argument Calendar
________________________
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:

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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.
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