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AVERY DEV. CORP. v. VILLAGE BY THE SEA CONDO. APTS., INC.

No. 89-1905.

567 So.2d 447 (1990)

AVERY DEVELOPMENT CORP., Appellant, v. VILLAGE by the SEA CONDOMINIUM APARTMENTS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

August 29, 1990.

Attorney(s) appearing for the Case

John R. Hargrove and Lillian W. Conrad of Heinrich Gordon Batchelder Hargrove Weihe & Gent, Fort Lauderdale, for appellant.

Joseph L. DeGance, Fort Lauderdale, for appellee.

GARRETT, Judge.

This is an appeal of the trial court's final order that granted appellee parking rights over appellant's property.

A developer built appellee Village by the Sea Condominium Apartments, Inc. The site plans and plat maps show parking spaces but the word "easement" does not appear anywhere on the documents. However, the Declaration of Condominium (Declaration) filed in December of 1969 does mention an...

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