Dolphins Plus, Inc. v. Hobdy

I respectfully dissent, in part, and concur, in part.

In the prior case before this Court, Dolphins Plus, Inc. v. Hobdy, 650 So.2d 213 (Fla. 3d DCA 1995), this Court found that the chain link fence that spanned the boat basin in question violated the applicable declaration of restrictions for the subdivision and unreasonably interfered with the neighbors’ rights to use the boat basin. Similarly, when Dolphins Plus constructed the new structure, two forty-five foot docks with a chain link fence below the water line coupled with a thirty-foot chain link fence gate, the new structure spanned the…