Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

LAWRENCE F. POND AND IDA B. POND, HIS WIFE, APPELLANTS, v. CORA M. McKNIGHT ET AL., APPELLEES.

PER CURIAM.

The appellants sought the removal of restrictions denying use of their property for business purposes upon the assertion that changes in the nature and character of the neighborhood had frustrated the original objectives of the restrictions. The court refused to remove the restrictions, and there was competent and substantial evidence in the record to support this result. However, the court erroneously went on to enjoin certain of the appellants from continued use of their property in violation of the restrictions when no such relief was requested by the appellees by way of counterclaim or any other pleading. Moreover, the record does not reflect that this issue was tried by consent.

Accordingly, the permanent injunction entered against the appellants must be reversed; otherwise the judgment is affirmed.

HOBSON, Acting C.J., and GRIMES and SCHEB, JJ., concur.

Use AI to get other relevant cases.

Comments

POND v. McKNIGHT
(Dec 3, 1976)