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5F, LLC v. DRESING

No. 2D13-2793.

142 So.3d 936 (2014)

5F, LLC, Appellant, v. Robert DRESING, Sarah F. Dresing husband and wife; and Northern Trust Company, as Trustee for the Michael W. O'Shaughnessy Trust, Appellees.

District Court of Appeal of Florida, Second District.

July 16, 2014.

Attorney(s) appearing for the Case

Jason A. Lessinger and David M. Levin of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Sarasota, for Appellant.

J. Matthew Belcastro and Harold N. Hume of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Appellees.

BLACK, Judge.

5F, LLC, challenges the order granting final summary judgment in favor of Robert Dresing, Sarah F. Dresing, and the Northern Trust Company, trustee for the Michael W. O'Shaughnessy Trust (collectively referred to as the Dresings). The lower court found that the Dresings, as riparian land owners, have a common law right to construct a pier on submerged land owned by 5F which abuts the Dresings' property and that 5F is collaterally estopped from obtaining...

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