NEWMAN v. BENNEFELD

No. 7053

193 So.2d 482 (1967)

Sidney R. NEWMAN, Lillian M. Newman, Suncoast Realty Co., Inc., a Corporation, Sarapal Corporation, a Corporation, Tamasota Corporation, a Corporation, Sotabraden Corporation, a Corporation, Frederick E. Winkler, As Trustee under Certain Trusts Created by Irma Morton and Lawrence Morton for the Benefit of Bruce Morton, Greg Morton, Robert Christopher Morton, Laurie Morton, Robert Christopher Morton, Laurie Morton and Pamela Morton, and Bayshore Gardens, Inc., a Corporation, Appellants, v. Harold and Mabel E. BENNEFELD, Husband and Wife; Raymond and Virginia Peppin, Husband and Wife; Allen J. and Barbara L. Sherman, Husband and Wife; John S. and M. J. Corsi, husband and wife, Appellees, and George Vangsness, As President of Bayshore Gardens Homeowners Association, Inc., and George Vangsness, Anthony Seghy, Ferdinand Eble, Jr., William W. Duthie and John J. Dottenwhy, Appellants-Intervenors.

District Court of Appeal of Florida. Second District.

January 6, 1967.


Attorney(s) appearing for the Case

Dewey A. Dye, Jr., of Dye, Dye, Smith & Cleary, Bradenton, for appellants.

William H. Garland, of Garland & Garland, Bradenton, for appellants-intervenors.

I.R. Ludacer, of Harkavy, Doyle, Hasson & Ludacer, Sarasota, for appellees.


PIERCE, Judge.

Appellants were defendants in the lower Court and appellees were plaintiffs. They will be referred to as they were in the Court below. Defendants appeal from a final decree entered by the Manatee County Circuit Court finding and adjudging that certain restrictions of record in connection with development of a subdivision were void and unenforceable and that plaintiffs and others in the same class were not obligated thereby.

Plaintiffs brought...

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