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COLLINS v. INTERVEST, INC.

No. 81-1599.

418 So.2d 1030 (1982)

Shirlee B. COLLINS and Florence Breacher, As Trustees of the Lewis E. Bower Trust — 1977, and Rose Bower Trust — 1977, Appellants, v. INTERVEST, INC., Bruce E. Clary, Randolph Y. Matheny, Intervest Construction Company, Real Estate Technology, Inc. of Florida, Guardian Mortgage Investors, and W.J.W. of Tampa, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearings Denied September 3, 1982.

Attorney(s) appearing for the Case

Charles W. Pittman of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

John W. Boult and A. Broaddus Livingston of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for W.J.W. of Tampa, Inc.

Marvin E. Barkin and Richard Candelora of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., Tampa, for Guardian Mortg. Investors.

SCHEB, Acting Chief Judge.

Appellants contend the trial court erred in dismissing their second-amended complaint in an action for conversion. We agree and reverse.

Appellants alleged that appellee Intervest trespassed upon their land and removed large amounts of soil and fill material without appellants' knowledge or consent. Intervest allegedly placed the soil upon nearby parcels of land owned by appellee Real Estate Technology, Inc. (RET). Appellee Guardian...

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