5730 Lake Underhill, LLC v. Smith-Horner, LLP

At issue in this case is an easement for vehicular traffic from Appellee’s property, upon which a Popeyes restaurant is built, onto the parking lot of Appellant’s adjacent property. 5730 Lake Underhill, LLC, and Wen-Fang Sun (“Appellant”) appeal a Final Judgment in favor of Smith-Horner, LLP (“Appellee”) holding that a permanent easement was established between the two parcels of property. Appellant raises the following issues, contending that the trial court erred in determining that: 1) the language creating the easement was ambiguous; 2) any ambiguity was latent or intermediate, allowing…