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BERGER v. RIVERWIND PARKING, LLP

No. 5D02-726.

842 So.2d 918 (2003)

Lynn BERGER, et al. and Michael Siuda, et al., Appellants, v. RIVERWIND PARKING, LLP, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

March 7, 2003.

Attorney(s) appearing for the Case

Berry J. Walker, Jr., of Walker & Tudhope, P.A., Maitland, for Appellants.

Scott J. Johnson, of Holland & Knight LLP, Orlando, for Appellee, Riverwind Parking, LLP.

HARRIS, C., Senior Judge.

The issue in this case is whether the Marketable Record Titles to Real Property Act1 (MRTA) has abrogated subdivision restrictions limiting certain lots to residential use so that the lots' current use as a parking lot for an apartment complex is sustainable.

The lots in question are the first nine lots in Block F, Seminole Terrace Replat of Seminole County. Although the issue is similar to all lots, lots...

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