Moore v. Dykes

CARROLL, DONALD, Judge.

Two of the defendants in an action for injunctive relief have appealed from a final summary decree entered by the Circuit Court for Okaloosa County, mandatorily enjoining them to comply with certain restrictive covenants.

The question presented for our determination in this appeal is whether, under our procedural rules governing the entry of summary decrees, the plaintiff was entitled to such a decree as a matter of law.

The key provision in Rule 1.510, Florida Rules of Civil Procedure, 31 F.S.A., pertaining to the entry of summary judgments and decrees, provides that,…