DOZIER v. WOOD

No. AM-493.

431 So.2d 184 (1983)

Raymond G. DOZIER, Jr., and Wife, Carolyn S. Dozier, Appellants, v. Tom WOOD, and Wife, Peggy Wood, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 3, 1983.


Attorney(s) appearing for the Case

James B. Fensom of Barron, Redding, Boggs, Highes, Fite & Bassett, Panama City, for appellants.

William L. Gary and Howard E. Adams of Pennington, Wilkinson, Gary & Dunlap, Tallahassee, for appellees.

Hume F. Coleman of Holland & Knight, Tallahassee, amici curiae.


ERVIN, Judge.

In this appeal from a final judgment enjoining the appellees (Wood) from building, in part, a planned addition to their motel at Mexico Beach, Florida, the appellants (Dozier) contended that the lower court erred in partially invalidating a subdivision deed restriction. We agree and reverse.

In 1948 a subdivision, known as Unit 3 of Mexico Beach, was platted and the following restriction was placed on the use of the property:

RESTRICTIONS...

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