BISHOP v. COURTNEY

No. 2D08-1573.

22 So.3d 117 (2009)

Della M. BISHOP, as Trustee of the Della M. Bishop Trust, Appellant, v. Walter W. COURTNEY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 9, 2009.


Attorney(s) appearing for the Case

Monterey Campbell and Kristie Hatcher-Bolin of GrayRobinson, P.A., Lakeland, for Appellant.

Thomas J. Wohl of Swaine & Harris, P.A., Sebring, for Appellee.


KHOUZAM, Judge.

Della M. Bishop, as trustee of the Della M. Bishop Trust, appeals a final summary judgment granting Walter W. Courtney an implied easement over property owned by Ms. Bishop. Because the circuit court erred as a matter of law in granting summary judgment in favor of Mr. Courtney, we reverse.

The issue on appeal is whether the representations in a recorded plat created an implied easement in favor of Mr. Courtney. In 1957, developers Paul M....

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