U.S. DRUG DISCOUNT CORP. v. ALVAREZ

No. 91-1573.

591 So.2d 1123 (1992)

U.S. DRUG DISCOUNT CORP., a Florida corporation, Rolando Del Rio and Maria Del Rio, his wife, Appellants, v. Orestes ALVAREZ and Magdalena Alvarez, his wife, Appellees.

District Court of Appeal of Florida, Third District.

January 7, 1992.


Attorney(s) appearing for the Case

Evan J. Gonshak and David M. Gonshak, Miami, for appellants.

Carlos A. Rodriguez and America Alvarez, Miami, for appellees.

Before HUBBART, COPE and GERSTEN, JJ.


PER CURIAM.

This is an appeal by the plaintiffs U.S. Drug Discount Corp., Rolando Del Rio and Maria Del Rio from an adverse final summary judgment in an action to enforce an easement. We reverse.

First, we conclude that on this record a triable action lies for an injunction to enforce an express easement in a 1925 deed as alleged in Count I of the complaint. Contrary to the trial court's conclusion, it is clear that a scrivener's error appears in the subject...

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