METROPOLITAN DADE COUNTY v. TIMINSKY

No. 90-2416.

579 So.2d 356 (1991)

METROPOLITAN DADE COUNTY, Appellant, v. George Rodney TIMINSKY and Patricia D. Timinsky, Appellees.

District Court of Appeal of Florida, Third District.

May 14, 1991.


Attorney(s) appearing for the Case

Robert A. Ginsburg, County Atty., and Daniel A. Weiss, Asst. County Atty., for appellant.

Fine Jacobson Schwartz Nash Block & England and Gary S. Brooks, Miami, for appellee.

Before NESBITT, FERGUSON and LEVY, JJ.


LEVY, Judge.

George Rodney Timinsky and Patricia D. Timinsky [collectively as "Timinsky"] own two adjacent parcels of real property in Dade County. Timinsky is attempting to re-subdivide the two parcels into three parcels. The property in question is subject to a plat restriction which states: "That no lot as shown on the attached plat shall be divided or re-subdivided, unless both portions of said lot are used to increase the size of the adjacent lots as platted...

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