Florida Rock Industries, Inc. v. Smith

Birdsong, Judge.

Mabel R. Smith in November, 1978, sued appellant Florida Rock Industries for damages and injunction in connection with appellant’s alleged tortious conduct, including trespass and nuisance, in mining its rock quarry on land adjacent to hers. No hearing was called on the injunction issue. In April, 1979, while the 1978 suit was still alive, Mabel R. Smith, this time with her four adult children joining as plaintiffs, again sued appellant for essentially the past and continuing tortious conduct, and sought yet again an injunction. The Smiths alleged in this second suit that…