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GUTTMAN v. VANNECK

No. 4D08-2489.

15 So.3d 813 (2009)

William M. GUTTMAN and Susan G. Guttman, Appellants, v. William P. VANNECK; 210 West Indies Drive, LLC.; Christian R. Odasso; and Michael A. Vecellio, Appellees.

District Court of Appeal of Florida, Fourth District.

July 22, 2009.

Attorney(s) appearing for the Case

Charles L. Siemon of Siemon & Larsen, P.A., Boca Raton, and Catherine E. Stetson and Jessica L. Ellsworth of Hogan & Hartson, LLP, Washington, D.C., for appellants.

Margaret L. Cooper of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, and Jane Kreusler-Walsh, of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, for appellee William P. Vanneck.

Lee Huszagh of Florida Land Title Association, Inc., Tallahassee, Amicus Curiae for The Florida Land Title Association, Inc.

FARMER, J.

We affirm the final judgment to the extent that it holds that the set-back requirements (SBR) for appellants' property—which we agree are properly deemed negative easements—have not been extinguished by the Marketable Record Title Act1 and are otherwise enforceable.

We treat as obiter dicta—and thus of no force or effect—any findings or conclusions in the final judgment to the effect that...

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