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NEW HOMES OF PENSACOLA, INC. v. MAYNE

Nos. E-297, E-305.

169 So.2d 345 (1964)

NEW HOMES OF PENSACOLA, INC., et al., Appellants, v. W.V. MAYNE et al., Appellees. FAIRFIELD HOMES, INC., et al., Appellants, v. W.V. MAYNE et al., Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied December 17, 1964.

Attorney(s) appearing for the Case

Cummings & Tarbuck, Pensacola, for New Homes of Pensacola, Inc.

Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for E.W. Sudduth, Jr.

William K. Mayes and Shell, Fleming & Davis, Pensacola, for Fairfield Homes, Inc.

Jack H. Greenhut, Pensacola, for Escambia County.

Holsberry, Emmanuel & Sheppard, Pensacola, for Southern District of Lutheran Church.

Robinson & Roark, Pensacola, for W.V. Mayne, and others.

P.A. Pacyna, Tallahassee, for State Road Department of Florida.

WIGGINTON, Judge.

Appellee landowners brought suit to enjoin appellants and others from negligently maintaining a drainage ditch bordering appellees' property on the east in such manner as to cause appellees' lands to wash and erode, thereby inflicting upon appellees injury and irreparable damage. From a decree mandatorily enjoining appellants to restore appellees' land to the condition it occupied prior to the installation of the drainage ditch in question, and to...

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