4D08-2517-Fox v. Madsen

State: Florida

Court: Florida Fourth District Court

Docket No: 4D08-2517

Case Date: 07/01/2009

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2009

JOHN F. FOX and LAURA L. FOX, Appellants, v. CHRISTINE MADSEN, Appellee. No. 4D08-2517 [July 1, 2009] WARNER, J. In this appeal the appellants contend that the statute of limitations for specific performance bars the appellee's action for injunction to compel removal of a portion of the appellants' driveway constructed in violation of the declaration of restrictions for their subdivision. We hold that the five-year statute of limitations applies and affirm as to this and all other issues raised. Christine Madsen a n d John a n d Laura F o x are homeowners of adjacent properties in the Greenwood subdivision in Coral Springs. Both properties are subject to the declaration of restrictions for Greenwood, which are covenants running with the land. After purchasing the property, Madsen filed suit for injunctive relief seeking to require the Foxes to remove driveway paving constructed to the property line between her property and the Foxes' property. She claimed that the driveway violated the declarations. The Foxes answered, claiming that the action was barred by the statute of limitations. After a full trial, the court entered a mandatory injunction requiring the Foxes to remove that portion of their driveway which extends into an easement on the property line. The Foxes appeal, claiming that the action is barred by the one-year statute of limitations for specific performance of a contract. See

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