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IMMER v. WEINTRAUB

No. 80-1231.

413 So.2d 47 (1982)

John G. IMMER, Individually and for and On Behalf of the Owners of Property in the Moorings Subdivision, and the Moorings Property Owners Association, Appellants, v. Albert L. WEINTRAUB and Sara Lee Weintraub, His Wife; Jonathan Kislak; Morton Varat and Anita Varat, His Wife; and Hagen V. Taudt and Rosemarie Taudt, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 17, 1982.

Attorney(s) appearing for the Case

Adams & Ward and Robert C. Ward, Miami, for appellants.

Philip T. Weinstein, Miami, Michael J. Freeman, Coral Gables, Fine, Jacobson, Block, Klein, Colan & Simon and Stuart L. Simon, Silverstein & Hellman, Miami, for appellees.

Before SCHWARTZ and FERGUSON, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.

SCHWARTZ, Judge.

As the owner of a non-abutting lot in the Moorings subdivision who was granted by dedication the right to the "use and enjoyment" of an artificial but navigable canal within the boundaries of the subdivision to the east of his property, the plaintiff-appellant Immer possessed no rights in or to the canal beyond those possessed by the public generally. Game and Fresh Water Fish Commission v. Lake Islands, Ltd., 407 So.2d 189...

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