Florida District Courts of Appeal, 1968

Matthews v. Olson

Matthews v. Olson
Florida District Courts of Appeal · Decided July 10, 1968 · Allen, Mann, Pierce
212 So. 2d 357; 1968 Fla. App. LEXIS 5315 (Southern Reporter, Second Series)

Matthews v. Olson

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.