W. M. O'DELL AND JAMES M. O'DELL, APPELLANTS,
v.
SPENCER WALSH, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court reversed a lower court judgment granting an injunction against a road obstruction, holding that the plaintiff-appellee lacked standing to sue because he failed to demonstrate the special damage required to challenge an obstruction of a public road. The decision reaffirmed a longstanding Florida rule requiring individuals to show damage differing in kind, not merely degree, from that suffered by the general public.
The court held that Walsh lacked standing to bring the suit because he failed to demonstrate special damage differing in kind from that suffered by the general public. The absence of property ownership, county residence, or unique burden established no actionable injury distinct from the community's generalized interest in public road access.
“an individual cannot found a suit on the obstruction of a public street unless he has 'suffered some special damage, differing not only in degree, but in kind, from the damages sustained by the community,at large.'”
Establishes the controlling legal standard for standing in public road obstruction cases, citing Jacksonville, T. & K. W. Ry. Co. v. Thompson, 1894
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellee Walsh, a resident of another county employed by a lumber company, sought an injunction against appellants O'Dell and James M. O'Dell for obst…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Special Damages cases and more on FLexlaw
THOMAS, Justice.
The appellants pose three questions but we think it will be necessary to answer only one of them because it constitutes a challenge of the right of the appellee to bring the suit — a challenge which we think must be sustained.
The appellee sought an injunction against the obstruction by the appellants of a certain public road, and a mandatory writ requiring them to remove the barricade they had placed across it. He described himself as a citizen and resident of Sumter County, and alleged that he had been employed by a lumber company to cut trees and deliver them to the company’s mill. In carrying out the undertaking it was necessary, so appellee alleged, for him to use the road the appellants had blocked.
The chancellor found that the question whether or not the appellee was qualified by interest to bring the suit was not present ed to him, although he had the view that the appellee had “a special and valuable interest at stake in keeping the road open.”
We agree with the appellants in their contention that an issue relative to appellee’s right to sue was formed by the portions of their answers containing averments that there had been a failure to state a cause of action entitling the appellee to any relief; that the appellee owned no land bordered by the road involved and did not live on the road; and that an adequate, practical and better way was available to him for use in hauling his logs “therefore plaintiff [appellee] is an improper plaintiff and has no right to maintain this suit.” (Italics supplied.)
The appellee testified that he lived in another county, had not lived in the county of Sumter for seven years, and had never lived on the road in question. He admitted he could “take the other end” of the road which was the same type as the road in dispute. He was asked: “As a matter of fact, would it be about the same distance to the hard road as the other way ?” and he answered: “Yes I guess it would.” He was then asked: “Would .that [the other road] be available to you at all times?” and he answered: “Yes it has been available.” Later, in reply to a question whether or not he owned property facing the road, he said: “No, I don’t own any real estate on it, I just think it ought to be open, that’s the road I have been using all this time.”
This court long ago adopted the rule that an individual cannot found a suit on the obstruction of a public street unless he has “suffered some special damage, differing not only in degree, but in kind, from the damages sustained by the community,at large.” Jacksonville, T. & K. W. Ry. Co. v. Thompson, 1894, 34 Fla. 346, 16 So. 282, 283, 26 L.R.A. 410. This was an action for damages, but the same principle was declared in a suit in chancery for injunction to prevent the closing of a street. Robbins v. White, 52 Fla. 613, 42 So. 841, 844. In that case this court said that “[a]n individual cannot enjoin the obstruction of á public street unless some special damage to his property or injury to him, differing not only in degree, but in kind, from the damage sustained by the community at large, is threatened.” The same rule was recognized and reiterated in Henry L. Doherty & Co., Inc., v. Joachim, 146 Fla. 50, 200 So. 238, and Brooks-Garrison Hotel Corp. v. Sara Inv. Co., Fla.1953, 61 So. 2d 913. So, for more than half a century that has been the law in Florida.
It is impossible to see how the appellee can prevail in the face of the established law. He was not a citizen of the county; he owned no property on the road; another road was equally accessible. In these circumstances he patently had no standing as a litigant seeking either a preventive or coercive writ.
The decree is reversed with directions to dismiss the complaint.
Reversed.
DREW, C. J., and HOBSON and THOR-NAL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States Steel Corp. v. Save Sand KEY, Inc., 303 So. 2d 9 (Fla. 1974)…al affirmed the order of dismissal by the trial court and succinctly stated, [*12] “Suffice it to say that we agree with the chancellor in his finding and holding that the plaintiffs are not in a position to maintain ■ this action. [O’Dell v. Walsh, 81 So. 2d 554 (Fla.1955)]. Plaintiffs claim as authority to bring this action as authorized by Section 64.11, Florida Statutes, F.S.A., is untenable as to the facts in the case sub judice, and its application limited to those cases referred to in 823.05, Florida…
-
Tiedeman v. City OF Miami, 529 So. 2d 1266 (Fla. 3d DCA 1988)…njury rule, or an exception thereto, to bring the instant lawsuit to open a temporarily closed public boat ramp at the Dinner Key Marina in Miami, Florida, see North Broward, Hosp. Dist. v. Fornes, 476 So. 2d 154, 155-56 (Fla.1985); O’Dell v. Walsh, 81 So. 2d 554, 555 (Fla.1955); Paul v. Blake, 376 So. 2d 256, 259 (Fla. 3d DCA 1979); and (b) it was plain on this record that the plaintiffs could not by amendment have possibly shown any standing to bring this lawsuit. See Mhoon v. Singleton, 503 So. 2d 374, 37…
-
Save Sand KEY, Inc. v. United States Steel Corp., 281 So. 2d 572 (Fla. 2d DCA 1973)…nsacola Greyhound Racing, Inc. v. Lechner (Fla.1967), 195 So. 2d 206. . See, e. g., Renard v. Dade County (Fla.1972), 261 So. 2d 832, and cases cited therein. . See, e. g., Boucher v. Novotny (Fla.1958), 102 So. 2d 132; O’Dell v. Walsh (Fla.1955), 81 So. 2d 554; Henry L. Doherty & Co., Inc., v. Joachim (1941), 146 Fla. 50, 200 So. 238; Rickman v. Whitehurst (1917) 73 Fla. 152, 74 So. 205. . (Fla.1972), 261 So. 2d 832, 837-838. . (Fla.1972), 269 So. 2d 659. . (1968), 392 U.S. 83, 88 S.Ct. 1942, 20 L.Ed.2…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Henry L. Doherty & Co., Inc. v. Joachim, 146 Fla. 50 (Fla. 1941)
- Jacksonville v. Thompson, 34 Fla. 346 (Fla. 1894)
- Robbins v. Sallie A. White, 52 Fla. 613 (Fla. 1906)
- Brooks-Garrison Hotel Corp. v. Sara Inv. Co., 61 So. 2d 913 (Fla. 1952)