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HIMEBAUGH v. WEBER INV. CORP.

No. 96-2344.

700 So.2d 19 (1997)

Allen R. HIMEBAUGH, Appellant/Cross-Appellee, v. WEBER INVESTMENT CORPORATION, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 8, 1997.

Attorney(s) appearing for the Case

Michael W. Woodward and Timothy Keyser, of Keyser & Woodward, P.A., Interlachen, for Appellant/Cross-Appellee.

Wesley H. Owens of Stephen E. Hilker, P.A., Palatka, for Appellee/Cross-Appellant.

HARRIS, Judge.

Allen Himebaugh purchased a lot in an unrecorded subdivision in 1988. The purchase was subject to a Declaration of Restrictions which provided:

13. The Developers propose to maintain the streets, lakes, to maintain all the grounds that are to be used by all lot owners in common and to pay taxes and insurance on the above property. For that purpose, all lots included and shown upon the Plat of said subdivision, shall be subject to a monthly...

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