SILVER PALM PROPERTIES, INC. v. SULLIVAN

No. 87-51.

541 So.2d 624 (1988)

SILVER PALM PROPERTIES, INC., Appellant, v. Mary Sharon SULLIVAN and Robert Stevens, Jr., Appellees.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing and Rehearing Denied May 2, 1989.


Attorney(s) appearing for the Case

Gaebe, Murphy & Mullen and Michael J. Murphy, Coral Gables, for appellant.

Joe N. Unger; Robert E. Schack, P.A., Miami, Coral Gables, for appellees.

Before BARKDULL, NESBITT and JORGENSON, JJ.


On Motion for Rehearing and Rehearing En Banc Denied May 2, 1989.

JORGENSON, Judge.

In this case we are called upon to determine the duty of a landowner to regulate the growth of roots from trees growing on his land, where the roots extended beneath the adjacent public right-of-way. We conclude that a landowner does not have a duty to retard the subterranean root growth of his trees, and, therefore, reverse the final judgment against Silver Palm Properties...

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