Everglades Pipe Line Co. v. Trujillo

District Court of Appeal of Florida

Everglades Pipe Line Co. v. Trujillo

534 So. 2d 881, 13 Fla. L. Weekly 2640, 1988 Fla. App. LEXIS 5355, 1988 WL 129151

CourtDistrict Court of Appeal of Florida

DecidedDecember 6, 1988

DocketNo. 88-239

StatusPublished

Cited by2 cases

This text of 534 So. 2d 881 (Everglades Pipe Line Co. v. Trujillo) 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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Everglades Pipe Line Co. v. Trujillo, 534 So. 2d 881, 13 Fla. L. Weekly 2640, 1988 Fla. App. LEXIS 5355, 1988 WL 129151 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

We reverse the order granting summary judgment to appellee/defendant below. By its introduction of a written covenant expressly prohibiting building on its easement, appellant established that appellee’s construction of an addition to her home constituted an encroachment on the appellant’s right-of-way interest. Material questions of fact remain as to whether appel-lee’s construction unreasonably interferes with the appellant’s right-of-way interest as well as the extent of damages suffered by the appellant and the appropriate remedy. Upon remand, appellant should be offered leave to amend its pleadings to correct infirmities. Furthermore, appellee should be granted an opportunity to establish equitable defenses. Accordingly, the order denying relevant discovery is also reversed.

REVERSED AND REMANDED.

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PER CURIAM.

We reverse the order granting summary judgment to appellee/defendant below. By its introduction of a written covenant expressly prohibiting building on its easement, appellant established that appellee’s construction of an addition to her home constituted an encroachment on the appellant’s right-of-way interest. Material questions of fact remain as to whether appel-lee’s construction unreasonably interferes with the appellant’s right-of-way interest as well as the extent of damages suffered by the appellant and the appropriate remedy. Upon remand, appellant should be offered leave to amend its pleadings to correct infirmities. Furthermore, appellee should be granted an opportunity to establish equitable defenses. Accordingly, the order denying relevant discovery is also reversed.

REVERSED AND REMANDED.

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Bluebook (online)

534 So. 2d 881, 13 Fla. L. Weekly 2640, 1988 Fla. App. LEXIS 5355, 1988 WL 129151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everglades-pipe-line-co-v-trujillo-fladistctapp-1988.

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