RODRIGUEZ v. TRI-SQUARE CONST., INC.

No. 93-2388.

635 So.2d 125 (1994)

Redento R. RODRIGUEZ & Luisa N. Rodriguez, Appellants, v. TRI-SQUARE CONSTRUCTION, INC., Appellee.

District Court of Appeal of Florida, Third District.

April 12, 1994.


Attorney(s) appearing for the Case

Forrest Sygman, Coral Gables, for appellants.

E.P. Iaconis, Miami, for appellee.

Before NESBITT, COPE and GODERICH, JJ.


COPE, Judge.

Redento R. Rodriguez and Luisa N. Rodriguez appeal a summary final judgment in favor of the plaintiff, Tri-Square Construction, Inc. We reverse.

This is a boundary dispute between adjoining property owners. Tri-Square brought suit for trespass and ejectment, contending that the Rodriguez' fence is not on the boundary line but instead is situated parallel to the boundary line and ten feet within Tri-Square's property. The Rodriguezes moved to dismiss...

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