TORTOISE ISLAND COMMUNITIES INC. v. ROBERTS

Nos. 79-860/T4-504, 80-691.

394 So.2d 568 (1981)

TORTOISE ISLAND COMMUNITIES, INC., et al., Appellants, v. Keith M. ROBERTS et al., Appellees.

District Court of Appeal of Florida, Fifth District.

March 4, 1981.


Attorney(s) appearing for the Case

Andrew A. Graham and Gary E. Brinson, Melbourne, for appellants.

Pierce Wood, Melbourne, for appellees.


SHARP, Judge.

Tortoise Island Communities, Inc., appeals from a judgment permanently enjoining it from interfering with appellees' (a group of subdivision lot owners) canal easements which crossed the appellants' island to give the appellees access to the Indian River. The canal, known as the Moorings Cut, was not appellees' only access to the Indian River, but an easement over it had been expressly granted by a prior common grantor to each of them, and their deeds...

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