Giovannielli v. Lacedonia

SWANN, Judge.

The appellants, defendants below, petitioned under Florida Appellate Rule 3.16(c), 31 F.S.A., for review of a judgment for costs.

The appellee, plaintiff below, filed an original action in equity, alleging a continuing trespass on land and that there was no adequate remedy at law. The trial court entered its decision and a costs judgment for the plaintiff on November 18, 1964, for $497.50. The defendant appealed and the cause was reversed, 177 So.2d 506, because of an adequate remedy at law, and remanded for a jury trial on the issue of a “boundary line”.

The defendants, on remand,…