SCHMIDT v. SHERRILL

Nos. 82-189, 82-888.

442 So.2d 963 (1983)

Harry R. SCHMIDT and Virginia Schmidt, His Wife, Thomas B. Seamans and Jane P. Semans, His Wife, Edwin Groll and Delores S. Groll, His Wife, Gail G. Grant and Elizabeth Grant, His Wife, Appellants/Cross-Appellees, v. Charles H. SHERRILL and Dorothy P. Sherrill, Robert D. Edwards and Dorothy A. Edwards, Appellees/Cross-Appellants. Charles H. SHERRILL and Dorothy P. Sherrill, Robert D. Edwards and Dorothy A. Edwards, Appellants, v. James R. POCKLINGTON and Virginia Pocklington, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 19, 1984.


Attorney(s) appearing for the Case

William F. Sullivan of Portley & Sullivan, Pompano Beach, for appellants/cross-appellees in No. 82-189 and for appellees in No. 82-888.

Robert L. Wunker of Grimditch, Bentz, Wunker & Thistle, P.A., Pompano Beach, for appellees/cross-appellants in No. 82-189 and appellants in No. 82-888.


HURLEY, Judge.

This consolidated appeal stems from two cases which involved the interpretation and enforcement of a declaration of condominium. We hold that the declaration was violated when various unit owners caused structural alterations to be made to the "outside walls" of the condominium, without first obtaining unanimous consent of all unit owners. Additionally, we hold that the trial court's finding of selective enforcement is unsupported by the record. Consequently...

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