TANNING RESEARCH LABORATORIES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
DON SUNTAN CORPORATION, A HAWAIIAN CORPORATION, APPELLEE
TANNING RESEARCH LABORATORIES, INC., A FLORIDA CORPORATION, APPELLANT,
DON SUNTAN CORPORATION, A HAWAIIAN CORPORATION, APPELLEE
482 So. 2d 410
Florida District Court of Appeal, Fifth District (1986)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This is an appeal of an award of costs under section 57.041(1), Florida Statutes, to the appellee as the party recovering judgment. The judgment recovered by the appellee below was reversed by this court on appeal. See Tanning Research Laboratories, Inc. v. Don Suntan Corporation, 482 So. 2d 409 (Fla. 5th DCA 1985). Therefore, the cost judgment is also reversed and this cause remanded for reconsideration of the matter of costs.
REVERSED and REMANDED.
DAUKSCH, ORFINGER and COWART, JJ., concur.
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DON Suntan Corp. v. Tanning Research Labs., Inc., 505 So. 2d 35 (Fla. 5th DCA 1987)…[*36] PER CURIAM. In Tanning Research Laboratories, Inc. v. Don Suntan Corp., 482 So. 2d 410 (Fla. 5th DCA), rev. denied, 491 So. 2d 278 (1986), this court construed an agreement between the parties and reversed a judgment in favor of Don Suntan that was based on a different construction of the agreement. After our decision, on remand, Don…
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White Sands, Inc. v. SEA Club V. Condo. Ass'n, Inc., 581 So. 2d 589 (Fla. 2d DCA 1990)…rinciple applied in situations involving implied easements from conveyances in reference to a plat. Enos; 1A R. Boyer, Florida Real Estate Transactions § 23.03(3). That principle does not apply to an express easement by grant. See Fields v. Nichols, 482 So. 2d 410 (Fla. 5th DCA 1985). See also Florida Power Corp. v. Hicks, 156 So. 2d 408 (Fla. 2d DCA 1963), cert. denied, 165 So. 2d 177 (Fla.1964) (easements once granted and fixed are not subject to the whims of the dominant or ser-vient owners and can only be…
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Elsie v. Entzminger, 734 So. 2d 1114 (Fla. 2d DCA 1999)…he court canceled a portion of the easement. An easement created by express grant without reservation or restriction is permanent and can only be changed with mutual consent of the owners of the dominant and servient estates. See Fields v. Nichols, 482 So. 2d 410 (Fla. 5th DCA 1985); Fla. Power Corp. v. Hicks, 156 So. 2d 408 (Fla. 2d DCA 1963). Due to the fact that the grant of the easement is clear and unambiguous, the owner of the ser-vient estate had no right to place obstructions across or within the eas…
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- Tanning Research Labs., Inc. v. DON Suntan Corp., 482 So. 2d 409 (Fla. 5th DCA 1985)