TITLE AND RESEAJRCH GROUP, INC., APPELLANT/CROSS-APPELLEE,
v.
THOMAS E. DYER, SR., AND ARTHUR V. COTE, SR., APPELLEES/CROSS-APPELLANTS
TITLE AND RESEAJRCH GROUP, INC., APPELLANT/CROSS-APPELLEE,
THOMAS E. DYER, SR., AND ARTHUR V. COTE, SR., APPELLEES/CROSS-APPELLANTS
643 So. 2d 28
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 19 cases
Opinion of the Court
PER CURIAM.
We reverse and remand with directions for entry of judgment in favor of appellant. The record demonstrates that no proof was presented at trial that the appellees were actually damaged by their lack of knowledge of the lis pendens filed in the foreclosure action by the first mortgagee. See Interstate Title Corp. v. Miller, 581 So. 2d 213 (Fla. 4th DCA 1991); CMEI, Inc. v. American Title Ins. Co., 447 So. 2d 427 (Fla. 5th DCA 1984); Goode v. Federal Title and Ins. Corp., 162 So. 2d 269 (Fla. 2d DCA 1964).
STEVENSON, J., and ANSTEAD, HARRY LEE, and MICKLE, STEPHAN P., Associate Judges, concur.
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Keshbro, Inc. v. City OF Miami, 801 So. 2d 864 (Fla. 2001)…is well settled in this State that injunctions issued to abate public nuisances must be specifically tailored to abate the objectionable conduct, without unnecessarily infringing upon the conduct of a lawful enterprise. See, e.g., Brower v. Hubbard, 643 So. 2d 28, 30 (Fla. 4th DCA 1994) (“Injunctions must be specifically tailored to each case; they should not infringe upon conduct that does not produce the harm sought to be avoided”); 4245 Corp. v. City of Oakland Park, 473 So. 2d 12, 13 (Fla. 4th DCA 1985)…
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Smith v. Wiker, 192 So. 3d 603 (Fla. 2d DCA 2016)…r the particular circumstances. Clark v. Allied Assocs., Inc., 477 So. 2d 656, 657 (Fla. 5th DCA 1985). “The order should be adequately particularized, especially where some activities may be permissible and proper.” Id.; see also Brower v. Hubbard, 643 So. 2d 28, 30 (Fla. 4th DCA 1994) (“Injunctions must be specifically tailored to each case; they should not infringe upon conduct that does not produce the harm sought to be avoided.”). In Brower, a case dealing with restrictive covenants, -the trial court e…
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Robins v. Walter, 670 So. 2d 971 (Fla. 1st DCA 1995)…Fla. 1st DCA 1982). In addition, while we are aware that restrictive covenants should be narrowly construed, they should never be construed in a manner that would defeat the plain and obvious purpose and intent of the restriction. Brower v. Hubbard, 643 So. 2d 28 (Fla. 4th DCA 1994). A bed and breakfast inn is an ongoing business or commercial use of property which would violate the intent of the Highlands covenant.1 In Malcolm v. Smith, 112 So. 2d 395 (Fla. 2d DCA 1959), the appellate court determined that…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Goode v. Fed. Title & Ins. Corp., 162 So. 2d 269 (Fla. 2d DCA 1964)
- Cmei, Inc. v. Am. Title Ins. Co., 447 So. 2d 427 (Fla. 5th DCA 1984)
- Interstate Title Corp. v. Miller, 581 So. 2d 213 (Fla. 4th DCA 1991)