Florida District Courts of Appeal, 1998

Celio v. Black

Celio v. Black
Florida District Courts of Appeal · Decided February 4, 1998 · Dakan, Gross, Stephen, Stone
705 So. 2d 1003; 1998 Fla. App. LEXIS 916; 1998 WL 43176 (Southern Reporter, Second Series)

Celio v. Black

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.

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