REALI v. VELOCCI

No. 89-1851.

563 So.2d 1106 (1990)

Angelo REALI, et al., Appellants/Cross-Appellees, v. Mario VELOCCI, et al., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 18, 1990.


Attorney(s) appearing for the Case

Andrew V. Showen and David A. Baker of Foley & Lardner, van den Berg, Gay, Burke, Wilson & Arkin, Orlando, for appellants/cross-appellees.

Stuart I. Hyman of NeJame & Hyman, P.A., Orlando, for appellees/cross-appellants.


COBB, Judge.

The appellants — Angelo Reali, Joseph Raponi, Albert Mariani and Mario Mariani — were the plaintiffs below. As owners of an undivided one-half interest in a parcel of industrial property located north of Orlando, Florida, they sought partition against the co-owner, Mario Velocci. Velocci claimed a set-off for betterment on the basis of unused and rejected concrete he had allowed to be dumped on the property over an extended period of time...

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