United States Eleventh Circuit

In an action concerning the use and control of a street, summary judgment for plaintiffs is reversed where there was no ambiguity in the property's restrictive covenants as to whether the rights reserved to defendant's predecessor flowed to its successors and assigns.

Appellate Information

• Decided 08/12/2009
• Published 08/12/2009

Judges

• ANDERSON, Circuit Judge:, Before TJOFLAT and ANDERSON, Circuit Judges, and WOOD,District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Charles C. Simpson, III, Deborah B. Hembree, Johnstone, Adams, Bailey, Gordon & Harris, Mobile, AL, for Point Clear Holdings, Inc.


• For Appellees:
  
• Kenneth A. Watson, Matthew C. McDonald, Miller, Hamilton, Snider & Odom, LLC, Mobile, AL, George R. Irvine, III, Stone, Granade & Crosby, PC, Daphne, AL, Joshua P. Myrick, Fairhope, AL, for Plaintiffs-Counter-Defendants-Appellees and Defendants.