Phipps v. Schupp

CIACCIO, J. *

| ,We granted certiorari in this matter to determine whether the court of appeal erred in affirming the district court’s grant of summary judgment in favor of the defendants, Cynthia Nelson Schupp and Roland Lawrence Cutrer, Jr. Specifically, we must consider whether the existence of a concrete driveway, which extends from an enclosed parcel of land through an adjacent property to the nearest public road and which existed when the common owner of the properties sold one of the parcels, is an exterior sign evidencing the common owner’s intent to create a predial servitude. For the…