Florida District Courts of Appeal, 1980

White v. Nasir

White v. Nasir
Florida District Courts of Appeal · Decided March 25, 1980 · Booth, Shaw, Smith
381 So. 2d 335; 1980 Fla. App. LEXIS 16307 (Southern Reporter, Second Series)

White v. Nasir

Opinion of the Court

ROBERT P. SMITH, Jr., Judge.

Considering appellees’ bona fides, the location of their building setback violation, its minimal impact upon the value, use and enjoyment of neighboring properties, and the cost of rebuilding appellees’ house to comply with the setback requirement, the chancellor acted within his authority and proper discretion in denying the extraordinary writ of injunction without prejudice to an action for damages, while assessing costs against appellees.

■ AFFIRMED.

BOOTH and SHAW, JJ., concur.

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