MATTHEWS v. OLSON

No. 67-527.

212 So.2d 357 (1968)

James S. MATTHEWS and Kathleen J. Matthews, His Wife, Appellants, v. Louis OLSON and Ingeborg Olson, His Wife; Sidney C. Coon and Lettle Coon, His Wife; and Mary Richardson, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied August 5, 1968.


Attorney(s) appearing for the Case

H. Eugene Johnson, Tampa, for appellants.

Ronald K. Cacciatore and Yado, Keel & Nelson, Tampa, for appellees.


MANN, Judge.

Appellants purchased property zoned for commercial use but restricted to residential use by a covenant running with the land of which they had actual as well as constructive notice. They built and operated a day nursery without seeking the advice of a lawyer. This was error on their part, but there was none on the part of the learned chancellor who enjoined permanently the violation of the restriction. Moore v. Stevens, 90 Fla. 879, 106 So. 901, 43 A...

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