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BAKER v. HICKMAN

No. 5D06-2902.

969 So.2d 441 (2007)

Sadie BAKER, Appellant, v. George HICKMAN, Barbara Hickman, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

November 9, 2007.

Attorney(s) appearing for the Case

Allan P. Whitehead, of Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A., Melbourne, for Appellant.

Gregory P. Durham, Sr., of Reinman Matheson Vaughan Durham & Sack, P.A., Melbourne, for Appellees George Hickman, Barbara Hickman and Wayne D. Cattell.

Donna M. Krusbe of Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A., West Palm Beach, for Appellee Edith E. Berard.

Douglas T. Noah, of Dean, Ringers, Morgan & Lawton, P.A., Orlando, Amicus Curiae for City of Melbourne.

PLEUS, J.

Sadie Baker, plaintiff below, appeals from adverse summary final judgments on her claims that neighboring landowners (defendants) were responsible for flooding on her property. Because we conclude issues of fact exist as to the abatability of the flooding during the four years prior to filing suit, we reverse and remand.

Baker owns a house in West Melbourne. The defendants are adjacent homeowners. Baker sued the defendants in March 2003, claiming...

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