Joseph T. Miller Construction Co. v. Borak

SEBRING and ROBERTS, Justices.

We here consider two motions filed in this appeal by the appellees, defendants below: (1) a motion to strike certain parts of the record on appeal, and (2) a motion to affirm the judgment appealed from, pursuant to Supreme Court Rule 38, 30 F.S.A.

The appeal to which such motions are directed was taken from an order of the lower court dismissing plaintiff’s action, at law, for damages for breach of a restrictive covenant in a deed, for failure to state a cause of action. The plaintiff had previously attempted to obtain equitable relief by way of a mandatory…