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DURRANCE v. HORNER

Nos. 97-1479, 97-2283.

711 So.2d 135 (1998)

Emory B. DURRANCE, Appellant/Cross-Appellee, v. Frank HORNER, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 10, 1998.

Attorney(s) appearing for the Case

Jerri A. Blair and Kimberly M. Reid, of Blair & Reid, Tavares, and George E. Carr of O'Neill, Chapin, Marks, Liebman, Popper & Cooper, P.A., Orlando, for Appellant/Cross-Appellee Emory B. Durance.

Edward P. Jordan, II, of Edward P. Jordan, II, P.A., Clermont, for Appellee/Cross-Appellant Frank Horner.

HARRIS, Judge.

Durrance and Seymour were neighbors. Seymour built a partial fence separating a portion of his lot from Durance's lot. The fence was built fifteen inches inside Seymour's lot. Durrance extended the partial fence so that it completely separated the one lot from the other and filled dirt against the newly-extended fence. Some months after the fence was extended and the fill was placed against the fence, Seymour went into default under his mortgage. The...

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