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FOX v. MADSEN

No. 4D08-2517.

12 So.3d 1261 (2009)

John F. FOX and Laura L. Fox, Appellants, v. Christine MADSEN, Appellee.

District Court of Appeal of Florida, Fourth District.

July 1, 2009.

Attorney(s) appearing for the Case

Scott W. Zappolo of Watterson & Zappolo, P.A., Palm Beach Gardens, for appellants.

Cort A. Neimark of Fowler White Burnett P.A., Fort Lauderdale, for appellee.

WARNER, J.

In this appeal the appellants contend that the statute of limitations for specific performance bars the appellee's action for injunction to compel removal of a portion of the appellants' driveway constructed in violation of the declaration of restrictions for their subdivision. We hold that the five-year statute of limitations applies and affirm as to this and all other issues raised.

Christine Madsen and John and Laura Fox are homeowners of adjacent...

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