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ACOPIAN v. HALEY

No. 79-381/T4-414.

387 So.2d 999 (1980)

Sarkis ACOPIAN and Bobbye Acopian, Appellants, v. James A. HALEY, George L. Williams and Michael D. Bodne, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 25, 1980.

Attorney(s) appearing for the Case

Sam Daniels of Daniels & Hicks, Miami, and Ralph Geilich of Williams & Geilich, Melbourne, for appellants.

Edward J. Richardson of Saxon & Richardson, P.A., Melbourne, for appellees.

ORFINGER, Judge.

Appellees became owners in 1970 of four lots in a fourteen lot ocean-front subdivision. The deed to their predecessor in title, recorded in 1944, contained the following restrictive covenant:

Lots 24 to 37 inclusive of this subdivision are restricted as follows: One dwelling, which may be a duplex, with a garage to each lot. The garage may be a garage apartment. Dwelling to cost a minimum $1500.00. Building to be placed at least fifteen feet...

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