PASCAL NIKIEMA
v.
NICOLAS PASCAL, ET AL.

Fla. 3d DCA | 2025-06-18
No. 2024-0900
Logue, C.J., Lindsey, J., Bokor, J., Lopez, J.
2025 FL 5102 Florida District Court of Appeal, Third District (2025)

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Holding

Land does not pass as an appurtenance to land.


Headnotes

[1] Land cannot pass as an appurtenance to other land under a deed or property transfer.

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Key Quotes

“Land does not pass as appurtenant to land.”

Brickell v. Trammell, 82 So. 221, 230 (Fla. 1919)

Facts & Procedural History

Pascal Nikiema appealed a circuit court decision in a property matter involving Nicolas Pascal and others in Miami-Dade County.…

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Opinion of the Court
Logue

Third District Court of Appeal State of Florida

Opinion filed June 18, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0900 Lower Tribunal No. 17-29627-CA-01 ________________

Pascal Nikiema, Appellant,

vs.

Nicolas Pascal, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.

The Law Offices of Gold & Parado, and James L. Parado and Alan C. Gold, for appellant.

Hutchison Law, P.A., and Courtney D. Hutchison (Naples); Rizk Law, PLLC, and Beshoy Rizk, for appellees.

Before LOGUE, C.J., and LINDSEY and BOKOR, JJ.

PER CURIAM.

2

Affirmed. See Brickell v. Trammell, 82 So. 221, 230 (Fla. 1919) (“Land does not pass as appurtenant to land.”). See also Rivas v. Solary, 18 Fla. 122, 127 (Fla. 1881) (stating that “land does not pass as appurtenant to land”); S. Venice Corp. v. Caspersen, 229 So. 2d 652, 655 (Fla. 2d DCA 1969) (“As a general rule, land does not pass under a deed as an appurtenance to land.”).


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