CLARK v. J.W. CONNER & SONS, INC.

No. 82-2620.

441 So.2d 674 (1983)

Earnest CLARK and Katherine Clark, His Wife, Appellants, v. J.W. CONNER & SONS, INC., and Aetna Casualty & Surety Co., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Granted in Part and Denied in Part December 7, 1983.


Attorney(s) appearing for the Case

Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, and Beckham & McAliley, P.A., Jacksonville, for appellants.

Michael A. Tonelli of Barr, Murman & Tonelli, P.A., Tampa, for appellees.


GRIMES, Acting Chief Judge.

This appeal involves the assessment of damages resulting from a trespass on land.

Mr. and Mrs. Clark (Clarks) owned approximately eight acres of undeveloped real property in Hillsborough County. In 1979 J.W. Conner & Sons, Inc. (Conner), a road contractor, was engaged nearby in the construction of the Crosstown Expressway. An owner of land which adjoined the Clarks' property gave Conner permission to build a road across his...

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