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COURTNEY ENTERS. INC. v. PUBLIX SUPER MARKETS, INC.

No. 2D00-1485.

788 So.2d 1045 (2001)

COURTNEY ENTERPRISES, INC., a Florida corporation, Appellant, v. PUBLIX SUPER MARKETS, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 21, 2001.

Attorney(s) appearing for the Case

Robert L. Donald of the Law Office of Robert L. Donald, Fort Myers; and Vincent D. Sapp of Vincent D. Sapp, P.A., Fort Myers, for Appellant.

James P. Hahn of Hahn, McClurg, Watson, Griffith & Bush, P.A., Lakeland, for Appellee.

PARKER, Acting Chief Judge.

Courtney Enterprises, Inc. (Courtney), appeals the summary final judgment entered in favor of Publix Super Markets, Inc. (Publix), in this case involving damage to Courtney's real property. We reverse because we conclude that Courtney possesses a common law right to sue Publix for Courtney's diminution in property value.

This case involves the application of chapter 376, Florida Statutes, the Water Quality Assurance Act (WQAA),...

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