PRINCE v. McLAUGHLIN

No. 82-702.

431 So.2d 276 (1983)

Ernest A. PRINCE, Appellant, v. T.P. McLAUGHLIN, Jr., and Lorraine L. McLaughlin, Husband and Wife, Appellees.

District Court of Appeal of Florida, Fifth District.

May 12, 1983.


Attorney(s) appearing for the Case

Ellen D. Phillips and Geoffrey Dobson, of Meredith & Dobson, St. Augustine, for appellant.

John D. Mussoline, Palatka, for appellees.


SHARP, Judge.

Prince appeals from a final summary judgment which denied him both equitable relief and damages for the encroachment of his neighbors' (the McLaughlins') dock on his riparian rights. We reverse because we think the record shows there were genuine issues of material fact regarding damages, which were improperly determined by summary judgment.

The record established that Prince and the McLaughlins were neighbors with abutting river-front lots on...

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