STACKMAN v. POPE

No. 5D09-772.

28 So.3d 131 (2010)

John STACKMAN and Beverly Stackman, Appellants, v. Susan POPE, POA for the Owners, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

February 5, 2010.


Attorney(s) appearing for the Case

Michael Massey, of Massey & Duffy, LLC, Gainesville, for Appellant.

Helen A. Hauser, of Restani, Dittmar & Hauser, P.A., Coral Gables, and Dennis R. Haber, of Dennis R. Haber, P.A., Palmetto Bay, for Appellee.


EVANDER, J.

John and Beverly Stackman appeal from a final summary judgment imposing a prescriptive easement on their property. The uncontroverted evidence in the record was insufficient to establish the required elements of a prescriptive easement on behalf of appellee, Susan Pope, or any of the other homeowners on whose behalf she purported to bring this action. Therefore, we reverse.

Pope filed the action below seeking a judicial determination that homeowners...

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