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339 So. 2d 1149

Docket No. 76-263.

Pond v. McKnight

Lawrence F. POND and Ida B. Pond, His Wife, Appellants, v. Cora M. McKNIGHT et al., Appellees.

District Court of Appeal of Florida

Decided December 3, 1976.

District Court of Appeal of Florida · decided 1976-12-03

Key passage — most relied on by later courts

“when no such relief was requested by the appellees by way of counterclaim or any other pleading”

quoted by 2 later decisions, including 813 So. 2d 262 - Cardinal Inv. Group, Inc. v. Giles, 721 So. 2d 735 - Spradley v. Old Harmony Baptist Church

Good law ✅— No negative treatment on recordhow we know

Decided 1976-12-03

How this case has been cited

Cited by 9 later decisions — most recently July 2017

9 state decisions

3019761980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Richard H. Bailey of Harrison, Harllee, Porges & Mastry, Bradenton, for appellants.

¶2No appearance by appellees.

¶3PER CURIAM.

¶4The appellants sought the removal of restrictions denying use of their property for business purposes upon the assertion that changes in the nature and character of the neighborhood had frustrated the original objectives of the restrictions. The court refused to remove the restrictions, and there was competent and substantial evidence in the record to support this result. However, the court erroneously went on to enjoin certain of the appellants from continued use of their property in violation of the restrictions when no such relief was requested by the appellees by way of counterclaim or any other pleading. Moreover, the record does not reflect that this issue was tried by consent.

¶5Accordingly, the permanent injunction entered against the appellants must be reversed; *1150 otherwise the judgment is affirmed.

¶6HOBSON, Acting C.J., and GRIMES and SCHEB, JJ., concur.

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