Legal Opinion

Baker v. Hickman

District Court of Appeal of Florida

Decided November 9, 2007No. 5D06-2902PublishedCited by 2 opinions

1Opinion of the CourtPleus, J.

Sadie Baker, plaintiff below, appeals from adverse summary final judgments on her claims that neighboring landowners (defendants) were responsible for flooding on her property. Because we conclude issues of fact exist as to the abatability of the flooding during the four years prior to filing suit, we reverse and remand.

Baker owns a house in West Melbourne. The defendants are adjacent homeowners. Baker sued the defendants in March 2003, claiming the adjacent landowners’ homes were constructed in such a way as to cause serious flooding on her property. Baker claimed she first noticed “pooling”…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. Schneider National Carriers, Inc. v. BatesTexas Supreme Court · 2004
  2. Peat, Marwick, Mitchell & Co. v. LaneSupreme Court of Florida · 1990
  3. McHenry v. City of ParkersburgWest Virginia Supreme Court · 1909
  4. Pearson v. Ford Motor Co.District Court of Appeal of Florida · 1997
  5. WAGNER, NUGENT, JOHNSON v. FlanaganSupreme Court of Florida · 1993

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3Cited by2 opinions

  1. Daniel v. MorrisDistrict Court of Appeal of Florida · 2015
  2. SDI Quarry a/k/a Atlantic Civil, Inc. v. Gateway Estates Park Condominium AssociationDistrict Court of Appeal of Florida · 2018

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