EVERGLADES PIPE LINE CO. v. TRUJILLO

No. 88-239.

534 So.2d 881 (1988)

EVERGLADES PIPE LINE COMPANY, Appellant, v. Moraima TRUJILLO, Appellee.

District Court of Appeal of Florida, Third District.

December 6, 1988.


Attorney(s) appearing for the Case

Byrd and Murphy, Fort Lauderdale, and Russ Murphy, for appellant.

Stabinski & Funt, Miami, and Mark Goldman, for appellee.

Before NESBITT and FERGUSON, JJ., and VANN, HAROLD R., Associate Judge.


PER CURIAM.

We reverse the order granting summary judgment to appellee/defendant below. By its introduction of a written covenant expressly prohibiting building on its easement, appellant established that appellee's construction of an addition to her home constituted an encroachment on the appellant's right-of-way interest. Material questions of fact remain as to whether appellee's construction unreasonably interferes with the appellant's right-of-way interest as...

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