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Matissek v. Waller

Florida District Court of Appeal
51 So.3d 625 (2011)


Facts

Roland Waller (plaintiff) and Joseph Gerhard Matissek (defendant) owned neighboring lots in a subdivision, first platted in April 1971, that permitted lot owners to build aircraft hangars on their properties. In May 1971, the subdivision's developer recorded a second plat, which described restrictive covenants applicable to all subdivision lots. One of the covenants required all structures to have masonry walls. In November 1977, the developer explicitly retained the masonry-wall restriction in a public record that updated the covenants. The developer deeded Matissek's property to its original owner in 1974. The deed referred to the April 1971 plat and stated that the property was "subject to easements and restrictions of record," but neither the 1974 deed nor any deed conveying the property to its subsequent owners cited the May 1971 plat or the November 1977 record. In the summer of 2007, Matissek began erecting a metal-sided hangar, and in January 2008 Waller sued Matissek to enforce the masonry-wall requirement. The trial court denied Matissek's motion for summary judgment, and Matissek appealed to the Florida District Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Crenshaw, J.)

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