JEFFREY R. AVERA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Sanders v. State, 516 So. 2d 38 (Fla. 1st DCA 1987)
  …the recommended guidelines range is community control or twelve to thirty months’ incarceration, the trial judge is not at liberty to impose a combination of those two sanctions. Johnson v. State, 511 So. 2d 748 (Fla. 5th DCA 1987); Avera v. State, 512 So. 2d 215 (Fla. 5th DCA 1987); Gordon v. State, 511 So. 2d 745 (Fla. 5th DCA 1987); and Vankooten v. State, 512 So. 2d 214 (Fla. 5th DCA 1987). Recognizing conflict with the Fifth District in this regard, we disagree with the position of that court that commu…

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• Balzer v. Ryan, 263 So. 3d 189 (Fla. 1st DCA 2018)
  …owner for damage caused by encroaching tree branches or roots, but the adjoining property owner “is privileged to trim back, at [his] own expense, any encroaching tree roots or branches . . . which has grown onto his property.” Gallo v. Heller, 512 So. 2d 215, 216 (Fla. 3d DCA 1987); see also Scott v. McCarty, 41 So. 3d 989 (Fla. 4th DCA 2010) (noting that Gallo reflects the predominate view around the country) (citing Encroachment of Trees, Shrubbery, or Other Vegetation Across Boundary Line, 65 A.L…
• Scott v. Julie L. McCARTY, M.D., 41 So. 3d 989 (Fla. 4th DCA 2010)
  …and roots of her neighbor’s trees encroaching on her property. She also alleged damages resulting from her removal of the portions of her neighbor’s tree intruding on her property. The trial court dismissed the complaint based upon Gallo v. Heller, 512 So. 2d 215, 216 (Fla. 3d DCA 1987), in which the appellate court stated the common law rule as follows: [A] possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. The adjoini…

Authorities Cited

• Francis v. State, 487 So. 2d 348 (Fla. 2d DCA 1986)
• Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987)