230 East 7th Street Associates v. Wolkow Co.

District Court of Appeal of Florida

230 East 7th Street Associates v. Wolkow Co.

872 So. 2d 1015, 2004 Fla. App. LEXIS 6978, 2004 WL 1103366

CourtDistrict Court of Appeal of Florida

DecidedMay 19, 2004

DocketNo. 3D03-2563

StatusPublished

This text of 872 So. 2d 1015 (230 East 7th Street Associates v. Wolkow Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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230 East 7th Street Associates v. Wolkow Co., 872 So. 2d 1015, 2004 Fla. App. LEXIS 6978, 2004 WL 1103366 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

The appellant bases its claim to a vested right to intrude into the appellee’s easement on alleged adverse possession. Because we find, as a matter of law, that the record is insufficient to establish such a right, see Mumaw v. Roberson, 60 So.2d 741 (Fla.1952); Bentz v. McDaniel, 872 So.2d 978, 2004 WL 1058324 (Fla. 5th DCA May 7, 2004); Enos v. Casey Mountain, Inc., 532 So.2d 703 (Fla. 5th DCA 1988), review denied, 542 So.2d 988 (Fla.1989); Kitzinger v. Gulf Power Co., 432 So.2d 188 (Fla. 1st DCA 1983), and that any such right, even if it existed, was abandoned by the passage of more than two decades since it was last exercised, see Kitzinger, 432 So.2d at 188, we approve the judgment below in favor of the appellee easement holder. See also Hale v. Miracle Enters. Corp., 517 So.2d 102 (Fla. 3d DCA 1987).

Affirmed.

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PER CURIAM.

The appellant bases its claim to a vested right to intrude into the appellee’s easement on alleged adverse possession. Because we find, as a matter of law, that the record is insufficient to establish such a right, see Mumaw v. Roberson, 60 So.2d 741 (Fla.1952); Bentz v. McDaniel, 872 So.2d 978, 2004 WL 1058324 (Fla. 5th DCA May 7, 2004); Enos v. Casey Mountain, Inc., 532 So.2d 703 (Fla. 5th DCA 1988), review denied, 542 So.2d 988 (Fla.1989); Kitzinger v. Gulf Power Co., 432 So.2d 188 (Fla. 1st DCA 1983), and that any such right, even if it existed, was abandoned by the passage of more than two decades since it was last exercised, see Kitzinger, 432 So.2d at 188, we approve the judgment below in favor of the appellee easement holder. See also Hale v. Miracle Enters. Corp., 517 So.2d 102 (Fla. 3d DCA 1987).

Affirmed.

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872 So. 2d 1015, 2004 Fla. App. LEXIS 6978, 2004 WL 1103366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/230-east-7th-street-associates-v-wolkow-co-fladistctapp-2004.

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