Matthews v. Olson

District Court of Appeal of Florida

Matthews v. Olson

212 So. 2d 357, 1968 Fla. App. LEXIS 5315

District Court of Appeal of Florida·Decided July 10, 1968·No. No. 67-527·Published·Cited by 3 cases

Opinion

MANN, Judge.

Appellants purchased property zoned for commercial use but restricted to residential use by a covenant running with the land of which they had actual as well as constructive notice. They built and operated a day nursery without seeking the advice of a lawyer. This was error on their part, but there was none on the part of the learned chancellor who enjoined permanently the violation of the restriction. Moore v. Stevens, 90 Fla. 879, 106 So. 901, 43 A.L.R. 1127 (1925); Hagan v. Sabal Palms, Inc., 186 So.2d 302 (Fla.2d D.C.A.1966); Thompson v. Squibb, 183 So.2d 30 (Fla.2d D.C.A.1966).

Affirmed.

ALLEN, Acting C. J., and PIERCE, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

MANN, Judge.

Appellants purchased property zoned for commercial use but restricted to residential use by a covenant running with the land of which they had actual as well as constructive notice. They built and operated a day nursery without seeking the advice of a lawyer. This was error on their part, but there was none on the part of the learned chancellor who enjoined permanently the violation of the restriction. Moore v. Stevens, 90 Fla. 879, 106 So. 901, 43 A.L.R. 1127 (1925); Hagan v. Sabal Palms, Inc., 186 So.2d 302 (Fla.2d D.C.A.1966); Thompson v. Squibb, 183 So.2d 30 (Fla.2d D.C.A.1966).

Affirmed.

ALLEN, Acting C. J., and PIERCE, J., concur.

Matthews v. Olson, 212 So. 2d 357, 1968 Fla. App. LEXIS 5315 (Fla. Ct. App. 1968).

Pincite

212 So. 2d 357 (Matthews v. Olson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related