FISKE v. MOCZIK

No. 75-1016.

329 So.2d 35 (1976)

Julius FISKE, Appellant, v. Mae D. MOCZIK and the Palms Nursery & Landscaping Company, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Second District.

March 26, 1976.


Attorney(s) appearing for the Case

B. Clarke Nichols, of Vega, Brown & Nichols, Naples, for appellant.

Mark S. Roth, Miami Beach, for appellee Moczik; and Jackson L. Boughner, Naples, for appellee Palms Nursery & Landscaping Company, Inc.


SCHEB, Judge.

This appeal focuses primarily on the question of the proper measure of damages to be assessed against the appellee/defendant Nursery for unauthorized removal of palm trees from land owned by the appellant/plaintiff Fiske.

On August 10, 1972, Mrs. Moczik sold the appellee Nursery some palm trees growing on land where she lived. The contract price was $50 per tree; however, the contract did not specify any date for their removal. In fact, the property...

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