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FLORIDA POWER & LIGHT CO. v. MORRIS

No. 4D04-4884.

944 So.2d 407 (2006)

FLORIDA POWER & LIGHT COMPANY, Appellant, v. James MORRIS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 8, 2007.

Attorney(s) appearing for the Case

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, and Cheryl A. Kempf of Florida Power & Light Company, Juno Beach, for appellant.

Patrice A. Talisman of Hersch & Talisman, P.A., Coconut Grove, and Feinstein & Sorota, P.A., Miami, for appellee.

STONE, J.

Florida Power and Light (FPL) appeals a personal injury judgment. The plaintiff, Morris, aggravated a knee injury while "shooing cows" that had wandered onto his property from adjacent property owned by FPL.

The cows were owned by Jose Ruiz who occupies the FPL property under a written license from FPL containing the following provisions:

4. Company's Rights: . . . Licensee's use of the Land shall always be subordinate to Company...

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