Legal Opinion
Berger v. Riverwind Parking, LLP
District Court of Appeal of Florida
Decided March 7, 2003No. 5D02-726PublishedCited by 2 opinions
1Opinion of the Court
HARRIS, C., Senior Judge.
The issue in this case is whether the Marketable Record Titles to Real Property Act1 (MRTA) has abrogated subdivision restrictions limiting certain lots to residential use so that the lots’ current use as a parking lot for an apartment complex is sustainable.
The lots in question are the first nine lots in Block F, Seminole Terrace Replat of Seminole County. Although the issue is similar to all lots, lots 3, 5, and 6 pose an additional consideration. The subdivision was created by a plat recorded in May, 1957. The recorded plat contains ño restrictions. However,…
2Cases cited5 opinions
- SACRED HEART HOSP. PENSACOLA v. StoneDistrict Court of Appeal of Florida · 1995
- Cunningham v. HaleyDistrict Court of Appeal of Florida · 1986
- Endruschat v. American Title Ins. Co.District Court of Appeal of Florida · 1979
- Sunshine Vistas Homeowners Ass'n v. CaruanaSupreme Court of Florida · 1993
- A & P Investment Group, Inc. v. Circle Property Owners Ass'nDistrict Court of Appeal of Florida · 1998
3Cited by2 opinions
- Matissek v. WallerDistrict Court of Appeal of Florida · 2011
- SCOTT LYDAY & TAMMY LYDAY v. MYAKKA VALLEY RANCHES IMPROVEMENT ASSOCIATION, INC. & VIVIAN ZABIKDistrict Court of Appeal of Florida · 2019