Reali v. Velocci

COBB, Judge.

The appellants — Angelo Reali, Joseph Raponi, Albert Mariani and Mario Maria-ni — were the plaintiffs below. As owners of an undivided one-half interest in a parcel of industrial property located north of Orlando, Florida, they sought partition against the co-owner, Mario Velocci. Vel-occi claimed a set-off for betterment on the basis of unused and rejected concrete he had allowed to be dumped on the property over an extended period of time. The Reali group claimed the concrete diminished the value of the property and constituted waste.

By stipulation, the disputed issues were…