SPEAR v. MARTIN

No. 75-2002.

330 So.2d 543 (1976)

Steven A. SPEAR and Josephine Spear, His Wife, Appellants, v. Mark J. MARTIN et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 5, 1976.


Attorney(s) appearing for the Case

Joel L. Kirschbaum, of Berryhill, Avery, Schwenke, Williams & Scott, P.A., Fort Lauderdale, for appellants.

Douglas C. Fulton, of Wearn & Fulton, West Palm Beach, for appellees, Martin and Silc.


PER CURIAM.

This is an appeal from an interlocutory order partially granting plaintiffs' motion for summary judgment. We affirm in part and reverse in part.

Plaintiffs sued defendants in a three count complaint, based on the allegation that defendants constructed and used a driveway upon plaintiffs' land. Count I was an action to recover possession of real property unlawfully detained by defendants. The second count alleged that defendants had trespassed on...

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