LAURANCE B. HANKIN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Dunes OF Seagrove Owners Ass'n, Inc. v. Dunes OF Seagrove Dev., Inc., 180 So. 3d 1209 (Fla. 1st DCA 2015)
  …t summary judgment is reviewed de novo. Mills v. State Farm Mut. Auto. Ins. Co., 27 So. 3d 95, 96 (Fla. 1st DCA 2009). When an easement is unambiguous, it must be construed in accordance with its plain meaning. City of Orlando v. MSD-Mattie, L.L.C., 895 So. 2d 1127, 1129 (Fla. 5th DCA 2005). Moreover, the question of-whether, an'-instrument creates a license or easement is determined by the intent of the parties. Jabour v. Toppino, 293 So. 2d 123, 126 (Fla. 3d DCA 1974). As both parties agreed at oral argument…

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• AT & T Wireless Servs. OF Fla., Inc. v. WCI Cmtys., Inc., 932 So. 2d 251 (Fla. 4th DCA 2005)
  …n of the deed restriction is still a violation of the deed restriction. “The scope of an easement is defined by what is granted, not by what is excluded, and all rights not granted are retained by the grantor.” City of Orlando v. MSD-Mattie, L.L.C., 895 So. 2d 1127, 1130 (Fla. 5th DCA 2005). “The scope of an express easement for a stated purpose cannot be expanded to include any use merely because such use does not impose an added burden on the servient estate.” Id. In this case, while the impact of the tower…
• Condron v. Arey, 165 So. 3d 51 (Fla. 5th DCA 2015)
  …to animals traversing the Easement Area. As we have previously explained, “the scope of an easement is defined by what is granted, not by what is excluded, and all rights not granted are retained by the grantor.” City of Orlando v. MSD-Mattie, LLC, 895 So. 2d 1127, 1130 (Fla. 5th DCA 2005). When there has been a grant or reservation of an access easement made in general terms, the easement will ordinarily be construed as creating a general right of use for all reasonable purposes. Here, the Easement Agreement…

Authorities Cited

• Miller Seabrooks v. State, 817 So. 2d 934 (Fla. 4th DCA 2002)
• Cooper v. State, 817 So. 2d 934 (Fla. 3d DCA 2002)