Celio v. Black

Florida District Courts of Appeal February 4, 1998

Celio v. Black, 705 So. 2d 1003 (1998)

1998 Fla. App. LEXIS 916; 1998 WL 43176

Dakan, Gross, Stephen, Stone

Dissenting Opinion

STONE, Chief Judge,

dissenting.

I would reverse. In my judgment, the trial court erred by construing the easement and covenant at issue without considering the documents as a whole to determine the intent of the parties. When read as a whole, the intent appears obvious and favors Appellants’ right to landscape and otherwise use the property in question consistent with the zero lot line subdivision scheme.

Opinion of the Court

PER CURIAM.

AFFIRMED.

GROSS, J., and DAKAN, STEPHEN L., Associate Judge, concur. STONE, C.J., dissents with opinion.

Reference

Full Case Name: Frank C. CELIO and Victoria A. Celio v. Craig G. BLACK and Lucille P. Black
Cited By: 1 case
Status: Published