RHOADS v. REBACK

Nos. 4-86-2185, 4-86-2211.

518 So.2d 355 (1987)

D. Dean RHOADS, Appellant, v. Paul D. REBACK and Sharon K. Reback, His Wife, and Columbia Corporation, Appellees. COLUMBIA CORPORATION, Appellant, v. Paul D. REBACK and Sharon K. Reback, His Wife, and D. Dean Rhoads, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 29, 1988.


Attorney(s) appearing for the Case

Carol M. Brewer of Arnstein, Gluck, Lehr & Milligan, West Palm Beach, for Rhoads.

Larry Klein of Klein & Beranek, P.A., West Palm Beach, and Cohen, Scherer, Cohn & Silverman, P.A., North Palm Beach, for Reback.

John R. Young of James and Young, West Palm Beach, for Columbia Corp.


STONE, Judge.

This is an appeal from an amended final judgment following a non-jury trial. The court considered several issues in determining the parties' rights regarding submerged land adjacent to the adjoining properties of Rhoads and the Rebacks. The trial court dismissed Rhoads' claim for injunctive relief to enforce an easement on the surface water over the submerged land. With respect to the latter claim, we reverse.

The trial court erred in determining...

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