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Don Cesar Property v. Gallagher

District Court of Appeal of Florida, Second District
Jul 6, 1984
452 So. 2d 1047 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2325.

July 6, 1984.

Appeal from the Circuit Court, Pinellas County, David Patterson, J.

Amy M. Williams, St. Petersburg; Donald M. O'Leary, St. Petersburg; and Peter M. Walsh, Tampa, for appellant.

Seymour A. Gordon of Gay Gordon, P.A., St. Petersburg, for appellees.


We concur in the court's determination that a covenant providing that appellees' property shall be "for residence only" does not prohibit the erection of townhouse condominiums. This restriction relates to the use or mode of occupancy to which the property may be put rather than the nature of the structure to be erected thereon. Moore v. Stevens, 90 Fla. 879, 106 So. 901 (1925). Cf. Mayes v. Hale, 82 Fla. 35, 89 So. 364 (1921) (holding that the erection of an apartment house violated a covenant that the property should "be used for residential purposes only, and only one residence is to be erected on each lot"). We also conclude that there is ample evidence to support the court's finding that, in any event, appellants cannot enforce the covenant because of acquiescence, waiver and abandonment. See Stephl v. Moore, 94 Fla. 313, 114 So. 455 (1927).

AFFIRMED.

RYDER, C.J., and GRIMES and LEHAN, JJ., concur.


Summaries of

Don Cesar Property v. Gallagher

District Court of Appeal of Florida, Second District
Jul 6, 1984
452 So. 2d 1047 (Fla. Dist. Ct. App. 1984)
Case details for

Don Cesar Property v. Gallagher

Case Details

Full title:DON CESAR PROPERTY OWNERS CORPORATION, APPELLANT, v. ROBERT F. GALLAGHER…

Court:District Court of Appeal of Florida, Second District

Date published: Jul 6, 1984

Citations

452 So. 2d 1047 (Fla. Dist. Ct. App. 1984)

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