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KITZINGER v. GULF POWER CO.

No. AO-99.

432 So.2d 188 (1983)

Ronald W. KITZINGER and Delores V. Kitzinger, Appellants, v. GULF POWER COMPANY, Appellee.

District Court of Appeal of Florida, First District.

May 25, 1983.

Attorney(s) appearing for the Case

Stephen H. Echsner of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, for appellants.

Robert P. Gaines of Beggs & Lane, Pensacola, for appellee.

ROBERT P. SMITH, Jr., Chief Judge.

A corner of the Kitzingers' house in Pensacola, built in 1975 upon land they acquired that year in fee, extends 18.06 feet into a 100-foot wide electrical transmission line easement that Gulf Power acquired in the area, by recorded grant, in 1926. By this suit filed in 1981, Gulf Power sought a mandatory injunction for removal of the house or its offending corner. That the circuit judge denied. The proof was that moving the house...

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