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DIEFENDERFER v. FOREST PARK SPRINGS

No. 91-993.

599 So.2d 1309 (1992)

Frank C. DIEFENDERFER, III, Appellant, v. FOREST PARK SPRINGS, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 2, 1992.

Attorney(s) appearing for the Case

John T. Pattillo, of Hunter, Pattillo, Marchman, Sanders & Bethea, P.A., Winter Park, for appellant.

Edmund T. Baxa, Jr., and Michael J. Beaudine, of Foley & Lardner, Orlando, for appellees Forest Park Springs, B.V., Inc., Cofin Commerce & Financial Corp., Parkhoven, B.V., James E. and Susan M. Lintz, and Howard M. and Susan A. Pelteson.

No appearance for appellees T.R. Properties, Inc. of Winter Park, Heidenescher Homes, Inc., and Ashley Builders, Inc.

W. SHARP, Judge.

Diefenderfer appeals from a final judgment rendered after a non-jury trial which denied his application for a mandatory injunction. The injunction would have required appellees (Forest Park Springs, B.V., Inc., et al.) to remove those portions of a concrete block and masonry subdivision wall which encroached on Diefenderfer's fifty-foot right-of-way easement for ingress and egress. The court denied the...

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