Rotolante v. Dasilva

District Court of Appeal of Florida

Rotolante v. Dasilva

460 So. 2d 560, 10 Fla. L. Weekly 92, 1984 Fla. App. LEXIS 16103

District Court of Appeal of Florida·Decided December 18, 1984·No. No. 83-1854·Published·Cited by 2 cases

Opinion

PER CURIAM.

The appellant is the owner of real property upon which her lessee operates a boarding stable for horses, and from which a horse which was neither owned nor controlled by the appellant wandered onto a public road causing damage to the appellee. The judgment against the appellant is reversed with directions to enter judgment in her favor upon a holding that the owner of land, who neither owns nor has custody or control of any livestock on the property, has no duty to erect or maintain a fence upon the land. Davidson v. Howard, 438 So.2d 899 (Fla. 4th DCA 1983), rev. denied, 450 So.2d 486 (Fla.1984).

Reversed.

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PER CURIAM.

The appellant is the owner of real property upon which her lessee operates a boarding stable for horses, and from which a horse which was neither owned nor controlled by the appellant wandered onto a public road causing damage to the appellee. The judgment against the appellant is reversed with directions to enter judgment in her favor upon a holding that the owner of land, who neither owns nor has custody or control of any livestock on the property, has no duty to erect or maintain a fence upon the land. Davidson v. Howard, 438 So.2d 899 (Fla. 4th DCA 1983), rev. denied, 450 So.2d 486 (Fla.1984).

Reversed.

Rotolante v. Dasilva, 460 So. 2d 560, 10 Fla. L. Weekly 92, 1984 Fla. App. LEXIS 16103 (Fla. Ct. App. 1984).

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Opinion

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