District Court of Appeal of Florida

Summary judgment holding that a village lawfully occupied an easement on which appellants claimed a right is affirmed where the language of an easement was clear and language in a complaint and affidavits could not render it ambiguous, and thus, the easement in question where the village was installing a water main was dedicated to the county.

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

• WARNER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Larry A. Zink of Zink, Zink & Zink Co., L.P.A., Hillsboro Beach, for appellants.


• For Appellees:
  
• George P. Roberts, Jr., of Roberts, Reynolds, Bedard & Tuzzio P.A., West Palm Beach, for appellee Village of Wellington., Morris G. (Skip) Miller and John H. Pelzer of Ruden, McClosky, Smith, Schuster & Russell, P.A., West Palm Beach, for appellees TJ Palm Beach, Whiting Turner Contracting Company, Smith & Company, Inc. and Williams, Hatfield & Stoner.