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SEMINOLE COUNTY v. MERTZ

No. 81-1115.

415 So.2d 1286 (1982)

SEMINOLE COUNTY, Appellant/Cross-Appellee, v. Harold E. MERTZ and Esther M. Mertz, His Wife; the Huskey Company, a Florida Corporation; and Magnolia Service Corporation, a Florida Corporation, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 2, 1982.

Attorney(s) appearing for the Case

Clifton A. McClelland, Jr., of Nabors, Potter, McClelland, Griffith & Jones, P.A., Melbourne, and Nikki Clayton, Seminole County Atty., Sanford, for appellant/cross-appellee.

Harlan Tuck of Giles, Hedrick & Robinson, P.A., Orlando, for appellee/cross-appellant Magnolia Service Corp.

Michael J. Sheahan of Maguire, Voorhis & Wells, P.A., Winter Park, for appellee/cross-appellant The Huskey Co.

Emery H. Rosenbluth, Jr., of Subin, Shams, Rosenbluth & Moran, P.A., Orlando, for appellees/cross-appellants Harold E. Mertz and Esther M. Mertz.

COBB, Judge.

Seminole County and Magnolia Service Corporation1 appeal the granting of a permanent injunction prohibiting the flow of surface water onto appellees' lands. We affirm. For reasons that will be discussed, Magnolia's appeal of the dismissal of its counterclaim is denied.

Harold and Esther Mertz (Mertz), appellees herein, filed a complaint in March, 1978, in the Circuit Court...

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