NIETO v. MOBILE GARDENS ASS'N OF ENGLEWOOD, INC.

No. 2D11-4958.

130 So.3d 236 (2013)

Rosalba Alcarez NIETO and Faviola Rodriguez; Wallace O. Farmer and Melva Jean Farmer, husband and wife; Loma L. Overmeyer; and Harry W. Comer and Saundra K. Comer, husband and wife, Appellants, v. MOBILE GARDENS ASSOCIATION OF ENGLEWOOD, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 23, 2013.


Attorney(s) appearing for the Case

Michael M. Brownlee of Brownstone, P.A., Winter Park, and W. Kevin Russell of W. Kevin Russell, P.A., North Port, for Appellants.

David K. Oaks of David K. Oaks, P.A., Punta Gorda, for Appellee.


KELLY, Judge.

The appellants,1 residents of Mobile Gardens subdivision, appeal from the final judgment that found deed restrictions promulgated by the homeowners association valid and enforceable against them. The judgment also permanently enjoined appellants Rosalba A. Nieto and Faviola Rodriguez from having minors reside on their property because of the deed restriction defining the subdivision as an age-restricted community. Because...

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