SAWYER v. MODRALL

No. 72-1193.

286 So.2d 610 (1973)

Frank SAWYER, Appellant, v. John MODRALL, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 11, 1974.


Attorney(s) appearing for the Case

F. Kendall Slinkman, of Farish & Farish, West Palm Beach, and Ray C. Osborne, Boca Raton, for appellant.

W.T. Nolan and William Hallman, of Hallman & Meeker, Boca Raton, for appellee.


WALDEN, Judge.

Plaintiff, Frank Sawyer, appeals from a final judgment denying his request for an injunction and damages. We reverse.

Plaintiff and defendant, John Modrall, own adjoining property fronting on the intracoastal waterway in Boca Raton. The lands claimed by plaintiff (the portion in controversy) are primarily under water of varying depths. They are contiguous to the intracoastal waterway, located directly north of defendant's property. Plaintiff...

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