Tice v. Herring

717 So.2d 181 (1998)

Delmer E. TICE and Shirley M. Tice, Appellants,

v.

Herman B. HERRING, Appellee.

No. 97-4679.

District Court of Appeal of Florida, First District.

September 17, 1998.

Cynthia S. Munkittrick, Chiefland, for Appellants.

Robert Moeller, Cross City, for Appellee.

ALLEN, Judge.

The appellants challenge the dismissal of their complaint for failure "to set forth a prima facie case." We conclude that the complaint should not have been dismissed, as it does allege a cause of action for trespass.

The dispute in this case involves the appellee's use of an easement across the appellants'…