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Alligator Point Marina, Inc v. Rouse

District Court of Appeal of Florida, First District
Nov 17, 1970
240 So. 2d 861 (Fla. Dist. Ct. App. 1970)

Opinion

No. N-507.

November 17, 1970.

Appeal from Circuit Court for Wakulla County; Ben C. Willis, Judge.

Truett Watkins, Tallahassee, for appellant.

William J. Oven, Jr., Tallahassee for appellee.


The appellant seeks review of an adverse final judgment striking its amended answer and affirmative defense and, appellant electing not to plead further, granting appellee the injunctive relief sought, to wit: removal of a trailer from appellant's lot so as to comply with restrictions imposed on said lot.

No error is found in the action of the trial court striking the amended answer and affirmative defense. The record shows that appellee gave appellant no indication of an intent to abandon the restrictions so as to constitute an estoppel to enjoin the breach, and the amended answer fails to set forth any sufficient defense in law to the complaint.

The judgment appealed from is affirmed.

JOHNSON, C.J., and CARROLL, DONALD K., and SPECTOR, JJ., concur.


Summaries of

Alligator Point Marina, Inc v. Rouse

District Court of Appeal of Florida, First District
Nov 17, 1970
240 So. 2d 861 (Fla. Dist. Ct. App. 1970)
Case details for

Alligator Point Marina, Inc v. Rouse

Case Details

Full title:ALLIGATOR POINT MARINA, INC., A FLORIDA CORPORATION, APPELLANT, v. FAY…

Court:District Court of Appeal of Florida, First District

Date published: Nov 17, 1970

Citations

240 So. 2d 861 (Fla. Dist. Ct. App. 1970)