NINA BLOWERS, APPELLANT,
v.
ANN L. WILLIAMS, APPELLEE
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SMITH, Judge.
Substantial competent evidence supports the trial court’s finding that appellee established a prescriptive easement along the border of appellant’s grove, for access to appellee’s interior land and grove. Downing v. Byrd, 100 So. 2d 57 (Fla.1958); City of Daytona Beach v. Tona-Rama, Inc., 294 So. 2d 73 (Fla.1974). The trial court evidently found that appellee’s additional use of the easement, for access to and from a proposed dwelling, would not unreasonably increase the burden of the easement established for grove maintenance. Crutchfield v. F. A. Sebring Realty Co., 69 So. 2d 328 (Fla.1954). On this record we find no error in that decision, although neither the trial court’s judgment nor this one should be read as authorizing appellee to pave or otherwise improve the easement way in a manner detrimental to appellant’s adjacent grove. See Choctawhatchee Electric Cooperative, Inc. v. Moore, 220 So. 2d 20 (Fla. 1st DCA 1969); Corrigans v. Sebastian River Drainage District, 223 So. 2d 57 (Fla. 4th DCA 1969).
AFFIRMED.
BOYER, Acting C. J., and BOOTH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (49 total)
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State v. del Gaudio, 445 So. 2d 605 (Fla. 3d DCA 1984)…ce the requested evidence.... If the defense were prejudiced, Florida law would require reversal whether or not the State had acted in good faith.... But where prejudice is not shown by the noncompliance, reversal is not warranted.” Jones v. State, 360 So. 2d 1293, 1296-97 (Fla. 3d DCA 1978) (citation omitted). See also Miller v. State, 435 So. 2d 258 (Fla. 3d DCA 1983); Collier v. State, 353 So. 2d 1219. Accord, United States v. Ariza-Ibarra, 651 F. 2d 2 (1st Cir.), cert. denied, 454 U.S. 895, 102 S.Ct. 392…
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Routly v. State, 440 So. 2d 1257 (Fla. 1983)…dispositive on this issue is the fact that the defendant failed to make a contemporaneous specific objection at trial. Not having done so, he cannot now raise this issue on appeal. Steinhorst v. State, 412 So. 2d 332, 338 (Fla.1982); Jones v. State, 360 So. 2d 1293, 1296 [*1261] (Fla. 3d DCA 1978). Further, even had the argument been properly preserved, the record indicates that the officers did in fact have probable cause to arrest the defendant for murder. The officers had previously taken a statement from d…
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Parker v. State, 456 So. 2d 436 (Fla. 1984)…ly preserved the issue for appeal. Routly v. State, 440 So. 2d 1257 (Fla.1983), cert. denied, — U.S. —, 104 S.Ct. 3591, 82 L.Ed.2d 888 (1984); DeLuca v. State, 384 So. 2d 212 (Fla. 4th DCA), review denied, 389 So. 2d 1108 (Fla.1980); Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978). Second, even if the merits are reached, the totality of circumstances surrounding the interview clearly show that defendant voluntarily waived his Miranda rights and agreed to talk to the Metro-Dade police without his counsel pre…
Previewing 3 of 49 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lottie Sykes Downing v. Bird, 100 So. 2d 57 (Fla. 1958)
- Crutchfield v. F. A. Sebring Realty Co., 69 So. 2d 328 (Fla. 1954)
- The City OF Daytona Beach v. Tona-Rama, Inc., 294 So. 2d 73 (Fla. 1974)
- Corrigans v. Sebastian River Drainage Dist., 223 So. 2d 57 (Fla. 4th DCA 1969)
- White v. State, 223 So. 2d 57 (Fla. 2d DCA 1969)
- Choctawhatchee Elec. Coop., Inc. v. James E. Moore and wife, 220 So. 2d 20 (Fla. 1st DCA 1969)