LAP v. THIBAULT

No. 76-953.

348 So.2d 622 (1977)

Lewis LAP, Appellant, v. Raymond THIBAULT and Allen Pappas, Appellees.

District Court of Appeal of Florida, Fourth District.

July 8, 1977.


Attorney(s) appearing for the Case

Pierce Wood, Melbourne, for appellant.

S.L. Holland, Jr., and William T. McCluan, Crofton, Holland, Starling, Harris & Severs, P.A., Melbourne, for appellees.


PER CURIAM.

We have carefully reviewed the entire record in this cause and find no reversible error. While the analogy of the fiduciary duty of a trustee to protect the trust res is appealing, the doctrine of separation of powers must restrict the judicial branch of the government, when faced, as here, with the question of issuing a mandatory injunction to require a municipality to file legal action to recover city property, to a determination of whether the municipality...

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