Rubin v. Appel

PEARSON, Judge.

The defendant appeals a final money judgment entered against him after the partial denial of the principal equitable relief prayed.

The appellant and the appellees are adjoining property owners. The appellant maintained a row of tall trees near the ap-pellees’ property. During a tropical storm two of defendant’s trees were blown upon appellees’ house. Appellees brought their complaint in equity praying that the appellant be required to: (1) remove the trees from the house; (2) top other trees to avoid a recurrence; and (3) remove roots which had grown under appellees’ house. A…