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CARLTON v. GERMANY HAMMOCK GROVES

No. 4D01-1231.

803 So.2d 852 (2002)

Walter CARLTON, Appellant, v. GERMANY HAMMOCK GROVES, a Florida General Partnership, Danforth K. Richardson and Roy H. Lambert, individually and as general partners of Germany Hammock Groves, Appellees.

District Court of Appeal of Florida, Fourth District.

January 2, 2002.

Attorney(s) appearing for the Case

E. Barbara Baris, Joseph L. Mannikko and Brent Baris of Mannikko & Baris, Palm City, for appellant.

George H. Moss of Moss, Henderson, Blanton, Lanier, Kretschmer & Murphy, P.A., Vero Beach, for appellees.

HAZOURI, J.

Plaintiff, Walter Carlton, filed suit for damages resulting from the flooding of his property caused by a berm on defendant's, Germany Hammocks Groves, General Partnership's ("New Hammock Groves") property. The four count complaint seeks damages on the following theories: nuisance (count I), trespass (count II), express easement (count III) and an easement by implication (count IV). The trial court found the statutes of limitations had expired as to each...

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