Thursday, March 6, 2014

11th Circuit to Judge Middlebrooks: I Refer You to Sam Drucker!



Well that's my takeaway anyway in this very interesting opinion dealing with whether Winn-Dixie ("Going Out of Business Since 1954!") can enforce restrictive covenants that bar other tenants from selling "groceries."

Judge Middlebrooks adopted a very narrow definition of the terms at issue:
For fifty-four stores, the district court reached the question of whether the Defendants violated the terms of the restrictive covenants, whose standard language for most stores limited the sale of “staple or fancy groceries” to a discrete “sales area.” Applying general principles of Florida law, the district court construed these terms narrowly, reading groceries as only food items and measuring sales area only by shelving space.
But the 11th reversed on this issue, holding there is no reason to define "staple or fancy groceries" so narrowly, and citing to a bunker opinion no less:
Regardless, Webster’s Second New International Dictionary, published first in 1934, also defined groceries to allow non-food items: a grocer is “a dealer in tea, sugar, spices, coffee, fruits, and various other commodities, chiefly foodstuffs.” Webster’s Second New International Dictionary 1105 (1958) (emphasis added). Indeed, a review of other dictionaries reveals no evidence of a contrary or changing definition. See, e.g., Oxford English Dictionary 862 (2d ed. 1991) (groceries are “goods sold by a grocer;” a grocer is “[a] trader who deals in spices, dried fruits, sugar, and, in general, all articles of domestic consumption except those that are considered the distinctive wares of some other class of tradesmen” (emphasis added)); Webster’s New Collegiate Dictionary 502 (1979) (“groceries” are “commodities sold by a grocer”; a “grocer” is “a dealer in staple foodstuffs, household supplies, and usually meats, produce, and dairy products” (emphasis added)).
Exactly!

Also, a good grocer is a friend to Arnold the Pig.


(I added that last part.)

10 comments:

Anonymous said...

"Dahliniluvyabutgimmeparkavenue"

Anonymous said...

Who associates Winn-Dixie with "fancy groceries"? Whole Foods, The Fresh Market, and Trader Joe's (the beloved newcomer to South Florida) for sure; but . . . Winn-Dixie?!??

Winn-Dixie: They're the "What's your legal beef?" people!

Godwhacker said...

I just adore a penthouse view, darling I love you but give me Park Avenue.

spencer's World said...

I learned most of what I know about law from Greenacres which I watched while growing up.

And I was local president of the Kendall Greenacres Fan club. We met at Don Carter's Bowling Lanes the third Tuesday of every month at 6:30 pm.

Anonymous said...

Is Ziffel one "f" or two?

Anonymous said...

The way your mind works is amazing...and scary.

Anonymous said...

@334 pm : I totally agree . What a sex life he must have

Godwhacker said...

Tearful reunion in the U.S.A
Day by day those memories fade away
Some babies grow in a peculiar way
It changed, it grew, and everybody knew

Semi-mojo, who's this kinky so-and-so?

Mark Riets said...
This comment has been removed by the author.
Muhammad Shoaib said...

Top post. I look forward to reading more. Cheers
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