CELIO v. BLACK

No. 97-0423.

705 So.2d 1003 (1998)

Frank C. CELIO and Victoria A. Celio, Appellants, v. Craig G. BLACK and Lucille P. Black, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 10, 1998.


Attorney(s) appearing for the Case

James D. Ryan of Ryan & Ryan, North Palm Beach, for appellants.

John M. Jorgensen of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A., Palm Beach Gardens, for appellees.


PER CURIAM.

AFFIRMED.

GROSS, J., and DAKAN, STEPHEN L., Associate Judge, concur.

STONE, C.J., dissents with opinion.

STONE, Chief Judge, dissenting.

I would reverse. In my judgment, the trial court erred by construing the easement and covenant at issue without considering the documents as a whole to determine the intent of the parties. When read as a whole, the intent appears obvious and favors Appellants' right to landscape and otherwise...

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