WARE CONST. CO., INC. v. THOMAS

No. 77-296.

357 So.2d 452 (1978)

WARE CONSTRUCTION COMPANY, INC., a Florida Corporation, Appellants, v. Norman S. THOMAS et ux., et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 4, 1978.


Attorney(s) appearing for the Case

Woodie A. Liles of Harris, Liles, McConnaughhay & Weidner, Tallahassee, for appellants.

Charles J. Cheves, Jr., of Cheves, Hazen & Rapkin, Venice, for appellees.


HOBSON, Judge.

In this appeal we find that the trial court erred in construing ambiguous use restrictions, incorporated onto a recorded plat, as prohibiting development of a multi family structure on certain lots, and in failing to give effect to the clearly established intentions of the draftsmen. Consequently, we reverse the trial court's final judgment permanently enjoining this use.

The trial transcript, when read in a light most favorable to appellees...

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