THE STATE OF FLORIDA, APPELLANT,

v.

ORESTES CRUZ, APPELLEE

Citator

Cited By

• Dianne v. Adrian and Charline Wingate, 84 So. 3d 427 (Fla. 1st DCA 2012)
  …ts”). Whether a particular action by a servient tenement holder constitutes unreasonable interference is ordinarily a question of fact. See, e.g., Preshlock v. Brenner, 234 Va. 407, 362 S.E. 2d 696, 698 (1987); Everglades Pipe Line Co. v. Trujillo, 534 So. 2d 881, 881 (Fla. 3d DCA 1988); Toups v. Abshire, 979 So. 2d 616, 618 (La.Ct.App.2008). In resolving the question of reasonableness, significant factors the courts may consider include the number of speed bumps, their height, the spacing between speed bump…
• ROY v. Highland Ocean Assocs., Inc., 718 So. 2d 366 (Fla. 4th DCA 1998)
  …Further issues of fact remain as to whether appellees’ construction on the dominant tenement unreasonably interfered with appellant’s right-of-way interests as well as the extent of damages suffered, if any. See Everglades Pipe Line Co. v. Trujillo, 534 So. 2d 881 (Fla. 3d DCA 1988). We remand for further proceedings to conduct a hearing regarding the intent of the parties at the time the easement was created relative to the exclusivity of the easement. Once such determination has been made, the trial court…

Authorities Cited

• Barbera v. State, 505 So. 2d 413 (Fla. 1987)