HIRLINGER v. STELZER

No. 68-156.

222 So.2d 237 (1969)

John F. HIRLINGER et Ux., Appellants, v. Richard W. STELZER et al., Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied May 23, 1969.


Attorney(s) appearing for the Case

Milton D. Jones, of Jones & McMullen, Clearwater, for appellants.

S.E. Simmons, of Bussey, Simmons & Owens, St. Petersburg, for appellee, Stelzers.

Daniel N. Martin, County Atty., and Richard L. Stewart, Asst. County Atty., for appellee, Pinellas County.


LILES, Chief Judge.

Plaintiff-appellants are lessees under a cooperative apartment lease in Pinellas County, Florida. They claim that their rights arising out of this lease in and to a 200 foot strip of land running along the front of the apartment project are being violated. They allege that this land has been set aside as a recreation area for the use of the project's residents.

The trial judge dismissed the first three counts of their fourth amended complaint...

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