Everglades Pipe Line Co. v. Trujillo

Florida District Courts of Appeal
Everglades Pipe Line Co. v. Trujillo, 534 So. 2d 881 (1988)
13 Fla. L. Weekly 2640; 1988 Fla. App. LEXIS 5355; 1988 WL 129151
Ferguson, Harold, Nesbitt, Vann

Everglades Pipe Line Co. v. Trujillo

Opinion of the Court

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.

Reference

Full Case Name
EVERGLADES PIPE LINE COMPANY v. Moraima TRUJILLO
Cited By
2 cases
Status
Published