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FIORE v. HILLIKER

No. 2D06-1865.

993 So.2d 1050 (2008)

Louis A. FIORE and Jean H. Fiore, husband and wife, Appellants, v. Richard O. HILLIKER, Smoot, Adams, Edwards & Green, P.A., and Charles B. Edwards, Appellees.

District Court of Appeal of Florida, Second District.

March 7, 2008.

Attorney(s) appearing for the Case

Robert L. Donald of Law Offices of Sherman & Donald, and Theodore L. Tripp, Jr., and Elisa S. Worthington of Garvin & Tripp, P.A., Fort Myers, for Appellants.

J. Matthew Belcastro of Henderson, Franklin, Starnes & Holt, Fort Myers, for Appellee Richard O. Hilliker.

Steven G. Koeppel of Yeslow & Koeppel, P.A., Fort Myers, for Appellees Smoot, Adams & Edwards, P.A.

PRINCE, DICK, Associate Judge.

Louis and Jean Fiore, the owners of riverfront property, appeal from a final summary judgment in which the trial court found that the restrictive covenant prohibiting the construction of a structure on their neighbor's property which partially blocked the Fiores' view of the river was unenforceable because it was not reciprocal. Because we find that the law does not require reciprocal restrictions where property is not subdivided pursuant...

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