argument, and found that the document from which Scheck's contention that he obtained some portion of good will arose was aptly titled "Contract for Sale of Real Estate", and only stated that Scheck "[agreed] to buy that certain piece of real property together with the building and improvements located thereon..." The court also conceded that, if Burger King owned any portion of the franchise's good will as defined by Florida statute, it must have arisen by virtue of the Franchise Agreement's license of the Burger King trademark to Scheck, and was thus not contingent strictly on owning the land and buildings on which the franchise sat. The Court thus found that Burger King's combined interests in the franchise, composed of its monthly royalties and fees, reversionary interest, and expectation that the franchisee not act to sully or dilute the Burger King trademark, were related strictly to Burger King's interest in their trademark(s) alone, and not affected in any way by the sale and transfer of the underlying property. Scheck, however, claimed that the selling price for the real estate, valued at $691,000, reflected the value of the premises as a Burger King franchise, and not simply as a piece of commercial real estate. Judge Hoeveler wrote that, "even if Scheck could show the Lee property cost more than comparable surrounding commercial real estate, that alone would not suffice to avoid summary judgement." The court held that even if Scheck could prove that the Lee property cost more than comparable surrounding commercial properties, that alone would not negate grounds for summary judgment, as the site itself would likely be more valuable to Scheck alone as compared to a non-Burger King franchisee, as the sale would come complete with a functioning Burger King restaurant. The court did allow, however, that the simple notion that a building is valuable or desirable does not constitute good will as defined by Florida statute. Scheck's argument with respect to Count I would require him to establish evidence of an implied non-competition agreement. As noted by the U.S. Supreme Court, summary judgement is mandated when, after sufficient time is allowed for discovery, there is a lack of evidence to support a non-moving party's case on issues for which that party bears the burden of proof. It is also the burden of the non-moving party to rebut any facts presented affidavit or other evidence that would indicate the