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360 So. 2d 1293

Blowers v. Williams

District Court of Appeal of Florida · decided 1978-07-18

Relies on Downing v. Bird · 69 So. 2d 328 - Crutchfield v. FA Sebring Realty Co. · 294 So. 2d 73 - City of Daytona Beach v. Tona-Rama, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1978-07-18

How this case has been cited

Cited by 53 later decisions — most recently April 2016 · most notably 445 So. 2d 605 - State v. Del Gaudio (1984), 440 So. 2d 1257 - Routly v. State (1983)

53 state decisions

39019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SMITH, Judge.

¶1Substantial competent evidence supports the trial court’s finding that appellee established a prescriptive easement along the border of appellant’s grove, for access to appellee’s interior land and grove. Downing v. Byrd, 100 So.2d 57 (Fla.1958); City of Daytona Beach v. Tona-Rama, Inc., 294 So.2d 73 (Fla.1974). The trial court evidently found that appellee’s additional use of the easement, for access to and from a proposed dwelling, would not unreasonably increase the burden of the easement established for grove maintenance. Crutchfield v. F. A. Sebring Realty Co., 69 So.2d 328 (Fla.1954). On this record we find no error in that decision, although neither the trial court’s judgment nor this one should be read as authorizing appellee to pave or otherwise improve the easement way in a manner detrimental to appellant’s adjacent grove. See Choctawhatchee Electric Cooperative, Inc. v. Moore, 220 So.2d 20 (Fla. 1st DCA 1969); Corrigans v. Sebastian River Drainage District, 223 So.2d 57 (Fla. 4th DCA 1969).

¶2AFFIRMED.

BOYER, Acting C. J., and BOOTH, J., concur.
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