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O'BRIEN v. GALE J. APPLE, INC.

No. 70-967.

253 So.2d 717 (1971)

William J. O'BRIEN and Eleanor C. O'Brien, His Wife, Appellants, v. GALE J. APPLE, INC., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 12, 1971.

Attorney(s) appearing for the Case

Larry Rightmyer and Bruce Marger, of Goldner, Marger, Davis & Rightmyer, St. Petersburg, for appellants.

Albert C. Werly, of Fleece, Rhoades, Cargell & Werly, St. Petersburg, for appellees.

McNULTY, Judge.

The Murphys and O'Briens are next door neighbors in an exclusive waterfront development. Gale J. Apple, Inc., the Murphys' immediate predecessor in title, obtained a required permit to construct a dock on the Murphy property, which dock the O'Briens contend (and contended in their objections before the issuing authority) is in violation of a restrictive covenant limiting the riparian use of their respective properties. The dock was built notwithstanding...

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