MAY L. ROTOLANTE, APPELLANT,
v.
DONALD DASILVA, APPELLEE
MAY L. ROTOLANTE, APPELLANT,
DONALD DASILVA, APPELLEE
460 So. 2d 560
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sparks v. Kintzing, 487 So. 2d 331 (Fla. 3d DCA 1986)…PER CURIAM. Affirmed. Allen v. Enslow, 423 So. 2d 616 (Fla. 1st DCA 1982); see Rotolante v. Dasilva, 460 So. 2d 560 (Fla. 3d DCA 1984); Martinez v. Schiffman, 402 So. 2d 605 (Fla. 3d DCA 1981); O’Steen v. Kemmerer, 344 So. 2d 313 (Fla. 1st DCA 1977).…
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Fla. Power & Light Co. v. Morris, 944 So. 2d 407 (Fla. 4th DCA 2006)…e nor did W.D. Ranch exercise any control over them. Therefore, W.D. Ranch had no liability to the plaintiffs, and the court should have granted its motion for directed verdict. Id. at 901-02. Davidson was cited favorably in Rotolante v. Dasilva, 460 So. 2d 560, 561 (Fla. 3d DCA 1984), holding, 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 ca…
Authorities Cited
- Davidson v. Howard, 438 So. 2d 899 (Fla. 4th DCA 1983)