YIANNIS B. ANTONIADIS, APPELLANT,
v.
EARCA, N.V., INTERDEVCO GROVE SQUARE, INC. AND WALTER MOBLEY, APPELLEES
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The court affirmed the closure of a private alley based on restrictive covenant or easement principles, but reversed the award of parking spaces as beyond the trial court's equitable authority and unrelated to the lawsuit.
A trial court may close a private alley based on restrictive covenant or easement principles, but lacks authority to award parking spaces as equitable relief when such relief is unrelated to the subject matter of the lawsuit.
[1] A trial court lacks authority to award equitable relief that is unrelated to the subject matter of the lawsuit and was not raised in the pleadings or tried by consent.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought to prevent closure of a private alley, and the trial court closed the alley and awarded parking spaces to the appellant as part o…
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PER CURIAM.
The final judgment under review is affirmed upon the main appeal as the closing of the private alley herein was amply justified based on this record and the applicable law, whether the relevant plat restriction be considered a restrictive covenant or an easement. See Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976); Board of Public Instruction of Dade County v. Town of Bay Harbor Islands, 81 So. 2d 637 (Fla.1955); Powers v. Scobie, 60 So. 2d 738 (Fla.1952); Barton v. Moline Properties, Inc., 121 Fla. 683, 694, 164 So. 551, 556 (1935); Sewell v. Burdine, 80 Fla. 718, 87 So. 143 (1920).
We must reverse the final judgment, however, on the cross-appeal as the award of parking spaces to the appellant [in paragraphs 6 and 7 of the relief ordered in the final judgment] was entirely unrelated to the subject matter of this lawsuit and therefore was outside the scope of the trial judge’s admittedly broad powers to do equity in this cause; indeed, appellant’s need for such parking spaces existed even if the private alley had not been closed in this case and arose entirely due to circumstances unconnected with this case. As such, the trial court lacked the authority to fashion this parking space remedy which was not raised by any of the pleadings, was not tried by consent, and was unrelated to the subject matter of the lawsuit. See Kornbluh v. Lowenberg, 401 So. 2d 880 (Fla. 3d DCA 1981); Pond v. McKnight, 339 So. 2d 1149 (Fla. 2d DCA 1976).
The final judgment is therefore affirmed in all respects except for paragraphs 6 and 7 of the relief ordered therein (R.174) which paragraphs are hereby stricken therefrom.
Affirmed as modified.
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Miceli v. Gilmac Developers, Inc., 467 So. 2d 404 (Fla. 2d DCA 1985)…ch relief. We conclude that the court did err. A trial court may not decree relief that has neither been requested by way of any pleading nor tried by consent. Pond v. McKnight, 339 So. 2d 1149 (Fla. 2d DCA 1976). See also Antoniadis v. Earca, N.V., 442 So. 2d 1001 (Fla. 3d DCA 1983); Kornbluh v. Lowenberg, 401 So. 2d 880 (Fla. 3d DCA 1981). Accordingly, we reverse the final judgments entered by the trial court and remand this case for proceedings consistent with this opinion. SCHEB, A.C.J., and SCHOONOVER,…
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Milio v. Leinoff & Silvers, P.A., 668 So. 2d 1108 (Fla. 3d DCA 1996)…urisdiction was improper. The charging lien retention in the final judgment was outside the scope of the oral stipu [*1110] lation and was not properly included, since it was not raised by the pleadings or tried by consent. Antoniadis v. Earca N.V., 442 So. 2d 1001 (Fla. 3d DCA 1983), rev. denied 451 So. 2d 847 (Fla.1984); Kombluh v. Low-enberg, 401 So. 2d 880 (Fla. 3d DCA 1981). The trial court abused its discretion by assuming jurisdiction to try the charging lien. It is fundamental that a stipulation not ag…
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Gold v. M & G Servs., Inc., 491 So. 2d 1297 (Fla. 3d DCA 1986)…t eight was brought solely by the individual plaintiffs, the judgment awarded recovery to M & G instead of the individual plaintiffs. The trial court erred in awarding damages to a party not seeking the relief granted. Cf. Antoniadis v. Earca, N.V., 442 So. 2d 1001 (Fla. 3d DCA 1983) (court lacks authority to fashion remedy not requested by pleadings, not tried by consent and unrelated to subject matter of lawsuit), review denied, 451 So. 2d 847 (1984). Accordingly, we reverse that portion of the judgment ente…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- Barton v. Moline Props., Inc., 121 Fla. 683 (Fla. 1935)
- THE Bd. OF Pub. Instruction OF Dade Cnty. v. Town OF BAY Harbor Islands, 81 So. 2d 637 (Fla. 1955)
- Powers v. Scobie, 60 So. 2d 738 (Fla. 1952)
- Pond v. Cora M. McKNIGHT, 339 So. 2d 1149 (Fla. 2d DCA 1976)
- Kornbluh v. Lowenberg, 401 So. 2d 880 (Fla. 3d DCA 1981)
- Sewell v. Burdine, 80 Fla. 718 (Fla. 1920)