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KIRSCHNER v. BALDWIN

No. 5D07-3143.

988 So.2d 1138 (2008)

Eleanor KIRSCHNER, Appellant, v. John BALDWIN and Gina Baldwin, Appellees.

District Court of Appeal of Florida, Fifth District.

August 1, 2008.

Attorney(s) appearing for the Case

Thomas C. Houck, Cocoa Beach, for Appellant.

Allen P. Whitehead of Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A., Melbourne, for Appellee.

EVANDER, J.

Eleanor Kirschner brought an action for injunctive relief and damages against her neighbors, John Baldwin and Gina Baldwin, alleging that the Baldwins had constructed a new garage in violation of their subdivision's recorded restrictions. After a non-jury trial, the trial court found that the subdivision's restrictions imposed a 35-foot rear setback requirement on the Baldwins' property and that their garage...

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