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EUROPCO MGT. CO. OF AMERICA v. SMITH

No. 90-1392.

572 So.2d 963 (1990)

EUROPCO MANAGEMENT COMPANY OF AMERICA, Appellant, v. Stephen W. SMITH and Ruth R. Smith, Appellees.

District Court of Appeal of Florida, First District.

December 17, 1990.

Attorney(s) appearing for the Case

D. Michael Chesser, of Chesser, Wingard, Barr, Whitney, Flowers and Fleet, Shalimar, for appellant.

C. LeDon Anchors, of Anchors, Foster and McInnis, Fort Walton Beach, for appellees.

ZEHMER, Judge.

Europco Management Company of America appeals a final order, entered at the end of the plaintiff's case in a nonjury trial, dismissing its action for a mandatory injunction to enforce certain protective covenants of the Southwind II housing development against homeowners Stephen and Ruth Smith. We reverse, holding that the evidence presented by Europco was sufficient to establish a prima facie case.

Europco is the owner and developer of Southwind...

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