CASTEEL v. MALISCH

No. 65-974.

189 So.2d 252 (1966)

Ernest W. CASTEEL and Caria Luciella Casteel, His Wife, Appellants, v. Rudolph H. MALISCH and Martha M. Malisch, His Wife, and William A. Hills and Evelyn S. Hills, His Wife, Appellees.

District Court of Appeal of Florida. Third District.

July 26, 1966.


Attorney(s) appearing for the Case

O. Ralph Matousek, Homestead, for appellants.

Sylvester P. Adair, Homestead, for appellees.

Before HENDRY, C.J., and PEARSON and BARKDULL, JJ.


HENDRY, Chief Judge.

This is an appeal from a final summary judgment in favor of the appellees who brought this action for a decree that they have an easement over property owned by the appellants and to restrain the appellants from interfering with the use of the easement.

The complaint alleges that the parties derive their title from common grantors. The appellees-Malisches were deeded their property from the common grantors in 1950, and the appellees-Hills...

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