GUILLERMO LOPEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
WHEREAS, the judgment of this court was entered on December 31, 1974 (305 So. 2d 268) affirming in part and reversing in part the judgment and sentence of the Circuit Court for Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed January 14, 1976 (327 So. 2d 27) and mandate now lodged in this court, quashed this court’s judgment and remanded the cause with directions;
NOW THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on January 16, 1975 is withdrawn, the judgment of this court filed in this cause on December 31, 1974 insofar as it is in conflict with the said opinion and judgment of the Supreme Court of Florida, is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the sentence of the Circuit Court herein sought to be reviewed is reinstated and affirmed in accordance with the opinion of the Supreme Court of Florida in State v. Jones, 327 So. 2d 18, Fla.1976. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, F.A.R.).
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Earnest Clark and Katherine Clark v. J.W. Conner & Sons, Inc., 441 So. 2d 674 (Fla. 2d DCA 1983)…8), as well as the severing of trees, National Rating Bureau v. Florida Power Corp., 94 So. 2d 809 (Fla.1956). Where the reduction in market value is an inadequate measure, recovery has been allowed for losses personal to the owner. Fiske v. Moczik, 329 So. 2d 35 (Fla. 2d DCA 1976). In Fiske we permitted a recovery of the replacement value of palm trees improperly removed from the owner’s residence. Likewise, the court in Elowsky v. Gulf Power Co., 172 So. 2d 643 (Fla. 1st DCA 1965), approved damages in exce…
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Stockman v. A.W. Duke, 578 So. 2d 831 (Fla. 2d DCA 1991)…la.1984). Included within this measure of damages is the removal of debris from the land. Clark, 441 So. 2d at 677. However, when reduction in market value proves to be inadequate, losses personal to the owner may also be recovered. Fiske v. Moczik, 329 So. 2d 35 (Fla. 2d DCA 1976). As to a lessee of real property, the proper measure of damages includes the lessee’s loss of use and enjoyment of the land. See 75 Am. Jur.2d Trespass § 51 (1974); Annotation, Remedy of Tenant Against Stranger Wrongfully Interfer…
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- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- State v. Baker, 327 So. 2d 27 (Fla. 1976)
- Castellano v. Travelers Ins. Co., 305 So. 2d 268 (Fla. 2d DCA 1974)