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Planned Parenthood Asks Justices To Take Up Property Dispute

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Planned Parenthood of Southwest and Central Florida

Planned Parenthood of Southwest and Central Florida has asked the state Supreme Court to take up a property dispute that led to a decision preventing abortions from being performed at an Osceola County facility.

Planned Parenthood filed a brief Monday seeking Supreme Court review of a May decision by the 5th District Court of Appeal.

The case stems from a restrictive covenant in a Kissimmee medical park that houses the Planned Parenthood facility. The covenant bars outpatient surgical centers in the park, which another occupant, MMB Properties, argued should prevent Planned Parenthood from performing abortions.

A circuit judge last year agreed with MMB Properties and issued a temporary injunction against Planned Parenthood performing abortions at the facility. A panel of the 5th District Court of Appeal stayed the temporary injunction, but another panel of the same court ruled in May in favor of MMB Properties and the injunction.

The brief filed Monday argues that the appeals court failed to properly consider evidence that Planned Parenthood presented in a motion after the circuit judge issued the temporary injunction last year.

The brief said the Supreme Court should take up the dispute because of conflicting opinions between appeals courts across the state about whether such evidence should be considered.