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STATE DEPT. OF TRANSP. v. B & C FOODS, INC.

No. 96-0159.

687 So.2d 4 (1996)

STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant/Cross-Appellee, v. B & C FOODS, INC., a Florida Corporation d/b/a McDonald's # 5117 and McDonald's Corporation, a Delaware Corporation, n/k/a McDonald's Corporation, Appellees/Cross-Appellants, and The City of Fort Lauderdale, a Municipality in the State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Granted February 6, 1997.

Attorney(s) appearing for the Case

Thornton J. Williams, General Counsel, and Marianne A. Trussell, Assistant General Counsel, Department of Transportation, Tallahassee, for appellant/cross-appellee.

W. Craig Eakin of Forman, Krehl & Montgomery; and H. Collins Forman, Jr. of H. Collins Forman, Jr., P.A., Fort Lauderdale, for Appellee/Cross-Appellant-B & C Foods, Inc.

Edward L. Artau of Proskauer, Rose, Goetz & Mendelsohn, LLP, Boca Raton, for Appellee/Cross-Appellant-McDonald's Corporation.

PER CURIAM.

We affirm the declaratory judgment requiring the City of Fort Lauderdale to reconvey the easement at issue to McDonald's Corporation pursuant to section 255.22, Florida Statutes (Supp.1994). Even though McDonald's is not the "grantor's successor" within the meaning of section 255.22(5), it is still entitled to rely on subsection (3), which is made applicable by the last sentence of subsection (5). We hold that the language in the 1979 easement agreement...

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