AVATAR PROPERTIES, INC. v. BONEY

No. 86-483.

494 So.2d 289 (1986)

AVATAR PROPERTIES, INC., a Florida Corporation, Appellant, v. Jack BONEY and Donna Boney, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

September 19, 1986.


Attorney(s) appearing for the Case

Kenneth A. Jones of Humphrey, Jones & Myers, P.A., Fort Myers, for appellant.

Gary A. Robinson, Bonita Springs, and George L. Harrell, II, Fort Myers, for appellees.


LEHAN, Judge.

Defendant developer appeals from a partial summary judgment entered on the issue of liability in favor of plaintiff landowners in this suit for civil theft and trespass based upon defendant's removal of spoil which had been dredged by the developer from a canal and placed on the land sixteen years earlier. Subsequent to the time the spoil was so placed the land was deeded by the defendant to plaintiffs' predecessor in interest and then to plaintiffs...

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