Florida District Courts of Appeal, 1983

Kotcher v. Santaniello

Kotcher v. Santaniello
Florida District Courts of Appeal · Decided September 14, 1983 · Anstead, Beranek, Hurley
438 So. 2d 440; 1983 Fla. App. LEXIS 24434 (Southern Reporter, Second Series)

Kotcher v. Santaniello

Opinion of the Court

PER CURIAM.

We affirm because we do not believe the appellants have demonstrated reversible error in the trial court’s judgment, which was principally predicated upon a determination that the appellants’ conduct in keeping and training dogs for attack and security purposes constituted a nuisance in the residential neighborhood where all of the parties resided. The appellees have conceded that the judgment does not apply to the appellants’ posting of signs pursuant to the provisions of section 767.04, Florida Statutes (1981). We also construe the judgment in that fashion, and as construed, we affirm the judgment in all respects.

ANSTEAD, C.J., and HURLEY, J., concur. BERANEK, J., dissents with opinion.

Dissenting Opinion

BERANEK, Judge,

dissenting.

I would reverse at least portions of the final judgment below. I believe the injunction to be substantially broader than necessary.

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