CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, APPELLANT,
v.
JOHN G. DUPUIS, JR., APPELLEE
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This case involves a dispute over an easement for a drainage canal. The court reversed a lower court's injunction, finding the Flood Control District had a valid easement based on a prior deed reservation.
Yes, the Flood Control District possesses a valid and enforceable easement based on the reservation in the prior deed.
“The appellee sued to enjoin appellant Central and Southern Florida Flood Control District from entering upon his lands for the announced purpose of constructing and maintaining a drainage canal, or to require appellant first to condemn and pay for the land.”
Describes the initial action taken by the appellee.
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Join FLexlaw to unlock all legal intelligenceThe Flood Control District intended to enter land to construct a drainage canal. The landowner sued to prevent this or to compel condemnation and paym…
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The appellee sued to enjoin appellant Central and Southern Florida Flood Control District from entering upon his lands for the announced purpose of constructing and maintaining a drainage canal, or to require appellant first to condemn and pay for the land.
The District answered claiming, as successor and assignee, an easement reserved by the Trustees of the Internal Improvement Fund. On motion of the appellee, the chancellor entered a summary final decree granting a permanent injunction against the Flood Control District and awarding appel-lee’s attorneys a fee of $15,000.
The case is controlled by the recent decision of this court in Albury v. Central and Southern Florida Flood Con. Dist., Fla. App.1958, 99 So.2d 248, in which we held that the deed reservation, relied on here by the District, was valid and enforceable by the District. In that case, and here, the property was subject to the same reservation made in the former deed. Having fully dealt with and determined the questions involved, in the opinion and judgment in the Albury case, there is no need to restate those matters here; and on the authority of that case the summary final decree in this cause dated January 20, 1958, is reversed.
Reversed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ahlheit v. State Rd. Dep't OF Fla., 114 So. 2d 623 (Fla. 1st DCA 1959)…required by law. The Board of Trustees of the Internal Improvement Fund was authorized to make the mentioned reservation in the deed to appellant’s predecessor in title. Central and Southern Florida Flood Control District v. Dupuis, Jr., Fla.App., 105 So. 2d 36; Albury v. Central and Southern Florida Flood Control District, Fla.App., 99 So. 2d 248; Caldwell v. Kemper, 159 Fla. 231, 31 So. 2d 555. Under those decisions two conditions were necessary to exist at the time the state deed issued in order to make…
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Cent. & S. Fla. Flood Control Dist. v. Dupuis, 109 So. 2d 596 (Fla. 3d DCA 1959)…ng in the Albury case, a summary decree which had granted an injunction against the District, and which had allowed fees to the attorneys for the plaintiff for obtaining the injunction.3 Our opinion on that earlier appeal in this case is reported in 105 So. 2d 36. Here the District had not entered into possession of any part of the plaintiff’s property involved in the suit. The complaint sought a decree enjoining the District from exercising, as to plaintiff’s lands, the rights reserved in the Bolles deed,…1 / 3
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Cent. & S. Fla. Flood Control Dist. v. Dupuis, 123 So. 2d 34 (Fla. 3d DCA 1960)…rior pronouncements of this court.3 Accordingly, the final decree and judgment appealed are reversed and the cause is dismissed. PEARSON and CARROLL, CHAS., JJ., concur. . Central & Southern Florida Flood Control District v. Dupuis, Fla.App.1958, 105 So. 2d 36. . Central & Southern Florida Flood Control District v. Dupuis, Fla.App.1959, 109 So. 2d 596. . Albury v. Central & Southern Florida Flood Control District, supra; Central & Southern Florida Flood Control District v. Dupuis, supra.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- J. P. Ward t/d/b/a Bonded Plumbing & Heating Co. v. Okaloosa Cnty. GAS Dist., 99 So. 2d 248 (Fla. 1st DCA 1957)
- DeWitt Albury and Lois Albury v. Cent. & S. Fla. Flood Control Dist. & Three Bays Improvement Co., 99 So. 2d 248 (Fla. 3d DCA 1957)