HomeMy WebLinkAbout2853 . i
i
!
~
. ~
-
. ~
( ~ .
decides to rer.iove the reriaining portion.
Plaintiffs ai-E declared to have that desr.rib~d r~a~~r~ent
for ingress and egress granted to t:hem hy Corrt~ctive~ H'arrant_y
Deed recorded at O. R. Baok 4U3, Page 9?4, Public Recc~i'ds af St.
Lucie County, Florida, subject to the~c• resporysi~~ilit~~s sf•t
forth previouslti• herein.
The Court makes no ruling on the issue of rer.laving the
naturall~~ grown palm trePs and other vegetation, since it was not
specif ical I~ raised in the I~ irst Ar~ended Canplaint, the Dc fc~nc3ant.
did n~t plar_e ther.i there, other dominant c~wners who ar~ not.
parties to this case r.~a~~ have rights and duties and, again, th~
~ general rules are set forth ir~ Easements, supra.
~
~ 6. The obligation of either ~arty to r_c~mply with this
I
i ~ecisl~an ~s sta`°ed unt.i 1 the tir,~e for- appeal has Nxpir~d. If an
appeal is filed, thi.s deci.sicn shall be stay~d pendir~y appeal.
I 7. Plaintiffs' request far att~rneys' fe~s ur~d~r S~<~.
; 57.105, Ela. Stat., is denied as there w~re ob~~ic_~i~sly ri~t~x-i.al
~
and substantial issues of fact and law.
F ~ ~ h b. ~ t t l- -
- r,... . j..u~~ Nn7 ~i~cii ~wti ~~L~rneys' IF-'E5 dCld
costs, eYCept that Plaintiffs and Defendant shall equally pay th~
cost of the court reporter for the trial.
I. 9. Jurisdiction is retainPd for the f,ntry of Sur_h furthNr
ord~rs, judgnents and dErrees, including enforcec~ent, a5 may be
necessary and proper.
DOtiE AtiD ORDERED at Fort Pierce, St. Lucie C~,unty, Fl~~riria,
~ooK675 P~~~2853
~ - _
- _ _
,~r ~~~_~~~~~~w~