LANIER v. JONES

No. 91-476.

619 So.2d 387 (1993)

Emory D. LANIER and Rachel I. Lanier, His Wife, Appellants, v. William E. JONES and Rebecca J. Jones, His Wife; and Bennie H. Hudson and Viola E. Hudson, His Wife, Individuals, Appellees.

District Court of Appeal of Florida, Fifth District.

May 28, 1993.


Attorney(s) appearing for the Case

Patti A. Christensen, Dobson & Christensen, P.A., St. Augustine, for appellants.

Frank D. Upchurch, III and Katherine G. Jones, Upchurch, Bailey and Upchurch, P.A., St. Augustine, for appellees.


ON MOTION FOR REHEARING EN BANC

GOSHORN, Chief Judge.

A majority of this court has agreed to consider this case en banc. We withdraw the per curiam affirmance previously issued by the panel and issue in its stead the following opinion affirming the summary judgment of the trial court. All parties agree that the facts are not in dispute. The issue on appeal is whether the trial court correctly applied the law.

The appellants own the servient land...

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