MORRIS v. GARCIA

Nos. 3D16-1517 & 3D16-1379.

224 So.3d 268 (2017)

Celia MORRIS, et al., Appellants, v. Omar GARCIA, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed July 12, 2017.


Attorney(s) appearing for the Case

Lindsey M. Tenberg, P.A., and Lindsey M. Tenberg (Lighthouse Point), for appellant Celia Morris; Horan, Wallace & Higgins, LLP, and David Paul Horan , for appellants Michael Barnes, et al.

Franklin D. Greenman, P.A., and Franklin D. Greenman , for appellee.

Before SUAREZ, FERNANDEZ and SCALES, JJ.


We agree with the trial court that, rather than their possessing a non-exclusive easement that would survive partition, the ten owners of the Dolphin Estates residential lots each own an undivided 1/49th interest in the property known as the Beach Area and the Access Canal (the "Property"). Similarly, rather than his holding an easement

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