DEVINO v. 2436 EAST LAS OLAS, LLC

No. 4D19-1931.

306 So.3d 118 (2020)

Kenneth DEVINO, an individual, and 2436 East Las Olas Blvd. Stores, LLC, a Florida limited liability company, Appellants, v. 2436 EAST LAS OLAS, LLC, a Florida limited liability company, Appellee.

District Court of Appeal of Florida, Fourth District.

November 4, 2020.


Attorney(s) appearing for the Case

Ira Marcus and Sloan A. Carr of Ira Marcus, P.A., Fort Lauderdale, for appellants.

Christian A. Petersen and Matthew C. Sanchez of Hackleman, Olive & Judd, Fort Lauderdale, for appellee.


In this appeal from a final declaratory judgment determining that an easement created over appellant's property was an easement appurtenant, appellant contends that instead an easement in gross was created. Relying on the language in the agreement, the totality of the circumstances, and a legal presumption favoring an easement appurtenant...

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