IMPERIAL GOLF CLUB, INC. v. MONACO

No. 2D98-4586.

752 So.2d 653 (2000)

IMPERIAL GOLF CLUB, INC., Appellant, v. Daniel R. MONACO and Ann D. Monaco, husband and wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 24, 2000.


Attorney(s) appearing for the Case

Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, for Appellant.

G. Gordon Harrison of Pavese, Garner, Haverfield, Dalton, Harrison & Jensen, LLP, Fort Myers, for Collier's Reserve Country Club, Inc., Fiddlesticks Country Club, Inc., The Forest Country Club, Inc., Foxfire Community Association, Inc., Kensington Golf & Country Club, Inc., Royal Palm Country Club of Naples, Inc., Royal Wood Golf & Country Club, Inc., Stonebrige Country Club Community Association, Inc., Worthington Master Association, Inc. and Wyndemere Country Club, Inc., Amicus Curiae. Sheryl A. Edwards of Sheryl A. Edwards, P.A., Sarasota, for Appellees.


WHATLEY, Judge.

Imperial Golf Club, Inc., appeals a final judgment entered in favor of Daniel and Ann Monaco. We affirm.

The Monacos purchased a lot on the Imperial Golf Course in the early 1980s and built a house. The Monacos' back lot line abuts the golf course and measures approximately 200 feet. The Monaco property is closest to the fifth tee. The fourth green is located on the other side of the fifth tee.

In July 1997, Imperial began construction...

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