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HILLCREST EAST NO. 25, INC. v. HOLLYWOOD BEACH HOTEL DEVELOPMENT CO., INC.

No. 82-692.

442 So.2d 1028 (1983)

HILLCREST EAST NO. 25, INC., a Not-for-Profit Florida Corporation, Appellant, v. The HOLLYWOOD BEACH HOTEL DEVELOPMENT CO., INC., a Florida Corporation, and Ben Tobin D/B/a the Hollywood Beach Hotel Company (Not a Corporation), Appellees.

District Court of Appeal of Florida, Fourth District.

December 7, 1983.

Attorney(s) appearing for the Case

J. Philip Landsman and George I. Platt of Schwartz & Nash, P.A., Fort Lauderdale, for appellant.

Vincent E. Damian, Jr., of Williams, Salomon, Kanner, Damian, Weissler & Brooks, Miami, for appellees.

PER CURIAM.

Affirmed.

DOWNEY and HURLEY, JJ., concur.

ANSTEAD, C.J., concurs specially with opinion.

ANSTEAD, Chief Judge, specially concurring:

I agree that the decision of the trial court should be affirmed because there is no real dispute as to the sufficiency of the language creating the easement challenged by the appellant. Neither is there a claim or proof of fraud or misrepresentation as to the extent or creation of the easement...

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