DADE COUNTY

v.

DADE COUNTY LAND DEVELOPMENT CORPORATION

Citator

Cited By

• AC Assocs. v. First Nat'l Bank OF Fla., 453 So. 2d 1121 (Fla. 2d DCA 1984)
  …rights are subject to change by the mutual consent of the contracting parties, not by the courts. See, e.g., Kotick v. Durant, 143 Fla. 386, 196 So. 802, 806 (1940); Florida Power Corp. v. Hicks, 156 So. 2d 408, 410 (Fla. 2d DCA 1963), cert. denied, 165 So. 2d 177 (Fla.1964). We recognize that the trial judge in the second case carefully undertook to do equity between the parties. Certainly that undertaking was meticulously implemented. However, the effect of the final judgment appears as a judicial renegoti…
• Robbins v. Section 3 Prop. Corp., 609 So. 2d 670 (Fla. 3d DCA 1992)
  …er 194, Florida Statutes (1991), as actions in equity. Dade County v. McArthur Jersey Farm Dairy, Inc., 214 So. 2d 362, 363 (Fla. 3d DCA 1968); Dade County Land Development Corp., v. Dade County, 157 So. 2d 142, 143 (Fla. 3d DCA 1963), cert. denied, 165 So. 2d 177 (Fla.1964). See also Reid v. Lucom, 349 So. 2d 661, 662 (Fla. 4th DCA 1977) (recognizing that matters brought under current Chapter 196 are cognizable in equity), cert. denied, 358 So. 2d 132 (Fla.), cert. denied, 439 U.S. 860, 99 S.Ct. 180, 58 L.Ed…
• Fields v. Hurley Nichols, 482 So. 2d 410 (Fla. 5th DCA 1985)
  …ents, once granted and fixed, are not subject to the whims of either the dominant or servient owners of land, and can only be changed by mutual consent of the parties. See Florida Power Corp. v. Hicks, 156 So. 2d 408 (Fla.2d DCA 1963), cert. denied, 165 So. 2d 177 (Fla.1964); see also 20 Fla. Jur.2d, Easements § 12 (1980); 25 Am. Jur.2d, Easements & Licenses § 65 (1966). Therefore, the final judgment is wrong in allowing Nichols to relocate the terminus of County Road 246 and to block access to that road from…

Authorities Cited

• Dade Cnty. Land Dev. Corp. v. Dade Cnty., 157 So. 2d 142 (Fla. 3d DCA 1963)