VICTOR E. WOODMAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOSEPH E. WOODMAN, APPELLANT,
v.
LINDA SAVAGE, APPELLEE
VICTOR E. WOODMAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOSEPH E. WOODMAN, APPELLANT,
LINDA SAVAGE, APPELLEE
414 So. 2d 590
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant correctly contends that the trial court erred in setting aside a default judgment entered in his favor, where appel-lee’s motion for relief failed to allege facts demonstrating the existence of a meritorious defense. Accordingly, we reverse and remand to the trial court with directions that appellee be permitted to make such amendments to her motion for relief as are necessary to conform to the law stated in Scott v. Premium Development, Inc., 328 So. 2d 557 (Fla. 1st DCA 1976), and Bay Convalescent Center, Inc. v. Carroll, 352 So. 2d 900 (Fla. 1st DCA 1977).
ROBERT P. SMITH, Jr., C. J., and McCORD and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Collom v. Holton, 449 So. 2d 1003 (Fla. 2d DCA 1984)…SED and REMANDED. BOARDMAN, A.C.J., and DANAHY, J., concur. . The duty to maintain an easement in a safe condition to prevent injuries to third parties generally rests on the owner of the dominant estate, Morrill v. Recreational Development, Inc., 414 So. 2d 590 (Fla. 1st DCA 1982), unless (1) there is an agreement requiring the servient owner either solely or concurrently to maintain and control the easement, Sebastian River Drainage District v. Ansin, 29 Fla.Supp. 77, aff'd, 223 So. 2d 57 (Fla. 4th DCA 19…
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Se. Seminole Civic Ass'n, Inc. v. W.A. Adkins, 604 So. 2d 523 (Fla. 5th DCA 1992)…eowners Association. . The Homeowners Association seeks to transform the common law rule that between the servient estate and dominant estate, the duty to maintain an easement rests on the dominant estate, Morrill v. Recreational Development, Inc., 414 So. 2d 590 (Fla. 1st DCA 1982) into a requirement or obligation that the dominant estate maintain the easement. The rule is that a dominant estate may elect not to maintain or repair the easement. See 2 Thompson on Real Property, § 428 p. 673. . The lot owner…
Authorities Cited
- Crews v. The Dania Bank, 352 So. 2d 900 (Fla. 4th DCA 1977)
- Scott v. Premium Dev., Inc., 328 So. 2d 557 (Fla. 1st DCA 1976)