Opinion
Case No. 97-0423
Decision filed February 4, 1998 Rehearing Denied March 10, 1998. JANUARY TERM 1998
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Moses Baker, Jr., Judge; L.T. Case No. CL 94-9846 AD.
James D. Ryan of Ryan Ryan, North Palm Beach, for appellants.
John M. Jorgensen of Scott, Royce, Harris, Bryan, Barra Jorgensen, P.A., Palm Beach Gardens, for appellees.
AFFIRMED.
GROSS, J., and DAKAN, STEPHEN L., Associate Judge, concur.
STONE, C.J., dissents with opinion.
I would reverse. In my judgment, the trial court erred by construing the easement and covenant at issue without considering the documents as a whole to determine the intent of the parties. When read as a whole, the intent appears obvious and favors Appellants' right to landscape and otherwise use the property in question consistent with the zero lot line subdivision scheme.