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MOORINGS ASS'N v. TORTOISE ISLAND COMMUNITIES

No. 83-499.

460 So.2d 961 (1984)

The MOORINGS ASSOCIATION, INC., Individually and the Moorings Association, Inc., a Class Representation, Appellants, v. TORTOISE ISLAND COMMUNITIES, INC., and Tortoise Island Group, Ltd., Appellees.

District Court of Appeal of Florida, Fifth District.

December 13, 1984.

Attorney(s) appearing for the Case

J. Daniel Ennis of Ennis & Northcutt, Indian Harbour Beach, for appellants.

Kerry I. Evander of Reinman, Harrell, Silberhorn, Moule & Graham, P.A., Melbourne, for appellees.

ORFINGER, Judge.

This appeal is from a final order dismissing appellants' second amended complaint and cause of action. We reverse because we find that the complaint sufficiently alleges a cause of action for an implied easement.

Appellants, The Moorings Association, Inc., individually, and The Moorings Association, on behalf of the homeowners of The Moorings Subdivision, pursuant to Rule 1.220, Florida Rules of Civil Procedure, sued appellees Tortoise Island...

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