TICE v. HERRING

No. 97-4679.

717 So.2d 181 (1998)

Delmer E. TICE and Shirley M. Tice, Appellants, v. Herman B. HERRING, Appellee.

District Court of Appeal of Florida, First District.

September 17, 1998.


Attorney(s) appearing for the Case

Cynthia S. Munkittrick, Chiefland, for Appellants.

Robert Moeller, Cross City, for Appellee.


ALLEN, Judge.

The appellants challenge the dismissal of their complaint for failure "to set forth a prima facie case." We conclude that the complaint should not have been dismissed, as it does allege a cause of action for trespass.

The dispute in this case involves the appellee's use of an easement across the appellants' property. As alleged in the complaint, the appellants purchased and reside on a lot in an unrecorded subdivision, wherein the grantor retained...

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