Legal Opinion

Dama v. Bay Bank & Trust Co.

District Court of Appeal of Florida

Decided January 28, 2011No. 1D10-2244Published

1Opinion of the CourtWolf, J.

Appellant, J. Frank Dama, challenges a judgment granting a mandatory permanent injunction requiring the removal of a sign he erected. Appellant raises a number of issues, and we find one has merit: the trial court erred in granting a mandatory permanent injunction based on its finding that the placement of the sign is inconsistent with appellee’s purported easement. We, therefore, reverse and direct entry of a final judgment in favor of appellant.

On September 3, 2009, appellee, Bay Bank & Trust (Bank), filed an amended complaint against appellant, owner of the main parcel of the shopping…

2Cases cited7 opinions

  1. Hoff v. ScottDistrict Court of Appeal of Florida · 1984
  2. Stephens v. DobbinsDistrict Court of Appeal of Florida · 1987
  3. Diefenderfer v. Forest Park SpringsDistrict Court of Appeal of Florida · 1992
  4. TORTOISE ISLAND COMMUNITIES INC. v. RobertsDistrict Court of Appeal of Florida · 1981
  5. Sand Lake Shoppes Fam. v. SAND LAKE COURT.District Court of Appeal of Florida · 2002

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