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WHITE EGRET CONDOMINIUM, INC. v. FRANKLIN

No. 54519.

379 So.2d 346 (1979)

WHITE EGRET CONDOMINIUM, INC., Appellant, Petitioner, v. Marvin FRANKLIN et al., Appellees, Respondents.

Supreme Court of Florida.

Rehearing Denied February 19, 1980.

Attorney(s) appearing for the Case

Welcom H. Watson, Jr., and Michael K. Davis of Watson, Hubert & Davis, Fort Lauderdale, for appellant, petitioner.

James G. Kincaid, Fort Lauderdale, for appellees, respondents.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for Leisure Technology of Florida, Inc., amicus curiae.

Ralph H. Haben, Jr., Palmetto, for Florida Apartment Ass'n, amicus curiae.

Mark B. Schorr of Becker, Poliakoff & Streitfeld, Fort Lauderdale, for amicus curiae.

OVERTON, Justice.

This case is before this Court on direct appeal and on petition for writ of certiorari from the decision of the Fourth District Court of Appeal reported at 358 So.2d 1084 (Fla. 4th DCA 1978). The district court construed provisions of the United States Constitution in determining the constitutionality of an express covenant in a condominium agreement which prohibited children under the age of twelve from residing...

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