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DON CESAR PROPERTY OWNERS CORP. v. GALLAGHER

No. 83-2325.

452 So.2d 1047 (1984)

DON CESAR PROPERTY OWNERS CORPORATION, Appellant, v. Robert F. GALLAGHER and Ruby V. Gallagher, Appellees.

District Court of Appeal of Florida, Second District.

July 6, 1984.

Attorney(s) appearing for the Case

Amy M. Williams, St. Petersburg; Donald M. O'Leary, St. Petersburg; and Peter M. Walsh, Tampa, for appellant.

Seymour A. Gordon of Gay & Gordon, P.A., St. Petersburg, for appellees.

PER CURIAM.

We concur in the court's determination that a covenant providing that appellees' property shall be "for residence only" does not prohibit the erection of townhouse condominiums. This restriction relates to the use or mode of occupancy to which the property may be put rather than the nature of the structure to be erected thereon. Moore v. Stevens, 90 Fla. 879, 106 So. 901 (1925). Cf. Mayes v. Hale, 82 Fla. 35, 89 So. 364 (1921) (holding that...

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