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HOWELL v. MILLER

No. 93-02937.

638 So.2d 544 (1994)

Francis E. HOWELL, Sr., and Myrian L. Howell, His Wife, Appellants, v. James P. MILLER and Esther Miller, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 17, 1994.

Attorney(s) appearing for the Case

Jon H. Anderson and J. Lenora King of Anderson & Artigliere, P.A., Lakeland, for appellants.

Peter R. Mayer, Lakeland, for appellees.

PARKER, Judge.

Francis E. Howell, Sr., and Myrian L. Howell appeal a summary final judgment which directed them to remove a fence from a portion of their property and enjoined them from impeding the use of an easement. We uphold the injunction but remand the matter for resolution of the counterclaim in the trial court.

James and Esther Miller sought a temporary and permanent injunction in the trial court against the Howells' interference with the Millers'...

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