Appurtenance

47 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Hyde v. Chevron U.S.A., Inc.
  697 F.2d 614· 5th Cir.· 1983-02-07 ·cited 66×
  The court held that a defective staircase on an offshore platform constitutes a 'ruin' under Louisiana Civil Code Article 2322, making the owner strictly liable for injuries caused by its collapse. It also held that under recent Louisiana Supreme Court precedent, a plaintiff's co
• Towerhouse Condo., Inc. v. Merton Millman and Lillian Aronoff
  475 So. 2d 674· Fla.· 1985-08-15 ·cited 38×
  TowerHouse Condominium Association sought to foreclose liens against unit owners who refused to pay a special assessment for an adjacent parking lot. The Florida Supreme Court held that condominium associations lack the statutory power to purchase real property outside the condom
• United States v. ONE 1978 Mercedes Benz
  711 F.2d 1297· 5th Cir.· 1983-08-19 ·cited 36×
  The court held that a warrantless seizure of a vehicle used in drug transportation is permissible under 21 U.S.C. § 881(b)(4) even if the seizure is delayed, and that a car telephone, easily removable and with a separate identity, is not forfeitable with the vehicle.
• Alton P. Knapp, Jr. v. Chevron USA, Inc.
  781 F.2d 1123· 5th Cir.· 1986-02-04 ·cited 33×
  The court held that the Louisiana Oilfield Indemnity Act voids an indemnity agreement's provision for defense costs when the underlying claim alleges the indemnitee's negligence or strict liability, regardless of the ultimate outcome of the claim. The court also affirmed the dism
• Huff v. Matson Navigation Co.
  338 F.2d 205· 9th Cir.· 1964-10-22 ·cited 32×
  The court held that the district court erred by narrowly defining 'ship's gear' and that the issue of whether the unloading apparatus was reasonably fit for its intended purpose remained for determination.
• McALLISTER v. Breakers Seville Ass'n, Inc.
  981 So. 2d 566· Fla. 4th DCA· 2008-05-07 ·cited 20×
  McAllister, a cooperative unit owner, appealed a trial court judgment dismissing his disparagement of title claim but awarding damages for lost rental income. The Fourth District reversed the disparagement award, holding the lien was not substantively false and the Association la
• Haynes v. Fred Carbonell for Strand Theater of Key W., Inc.
  532 So. 2d 746· Fla. 3d DCA· 1988-10-11 ·cited 16×
  Mary Joyce Haynes appealed a judgment awarding ownership of a 50-foot waterfront strip to Strand Corporation (through its trustee), claiming she inherited the strip as part of property conveyed to her through a chain of deeds dating to 1953. The court reversed, holding that ripar
• Maass v. Sigurd Christensen and Dola Christensen
  414 So. 2d 255· Fla. 4th DCA· 1982-05-19 ·cited 14×
  Maass, a condominium apartment owner, disputed ownership of parking space 28 with the Christensens and sought attorney fees under a slander of title claim. The trial court awarded Maass ownership of the space but denied his request for attorney fees. The appellate court reversed
• Champagne v. Chevron U. S. A.
  605 F.2d 934· 5th Cir.· 1979-11-02 ·cited 14×
  The court held that the owner of an offshore platform has a non-delegable duty to keep its appurtenances in good repair and is strictly liable for injuries resulting from defects, consistent with Louisiana Civil Code article 2322.
• Adaman Mut. Water Co. v. United States
  278 F.2d 842· 9th Cir.· 1960-05-26 ·cited 14×
  The court held that the loss of the right to collect future assessments on condemned land, stemming from an equitable servitude, constitutes a compensable interest under the Fifth Amendment.
• United States v. Ware
  890 F.2d 1008· 8th Cir.· 1989-11-27 ·cited 12×
  The court affirmed the conviction, holding that the district court did not abuse its discretion in denying a continuance, the Fourth Amendment was not violated by the search of the storage bin, and the girlfriend's testimony was admissible.
• Walker v. Tenneco OIL Co.
  615 F.2d 1121· 5th Cir.· 1980-04-25 ·cited 10×
  The court held that the trial court properly directed a verdict on strict liability and did not err in its jury instructions on negligence, affirming the judgment for the defendant.
• Brown v. Rice
  716 So. 2d 807· Fla. 5th DCA· 1998-07-24 ·cited 9×
  A condominium unit owner conveyed the exclusive use of a limited common element (garage) to another unit owner through a quit claim deed. The court held that Florida Statute § 718.107(2) prohibits the conveyance of common elements or limited common elements separately from their
• Siegel v. Div. OF Fla. Land Sales & Condos.
  453 So. 2d 414· Fla. 3d DCA· 1984-06-19 ·cited 7×
  A Florida appellate court reversed an administrative decision, holding that a master homeowners' association in a condominium community is subject to the Condominium Act and must allow unit owners who own more than 15% of units to elect at least one-third of the board of director
• Dopico-Fernandez v. Grand Union Supermarket
  841 F.2d 11· 1st Cir.· 1988-03-02 ·cited 6×
  A tenant supermarket does not have a duty to secure the safety of persons on a common sidewalk outside its leased premises when the lease agreement reserves control and maintenance of such areas to the landlord.
• Richland Irrigation Dist. v. United States
  222 F.2d 112· 9th Cir.· 1955-04-27 ·cited 6×
  The dissenting judge would reverse the judgment because the defendant was deprived of a jury trial on the valuation of water rights.
• Bank ONE v. Sunshine Meadows Condo. Ass'n, Inc.
  641 So. 2d 1333· Fla.· 1994-09-08 ·cited 5×
  Bank One sought to foreclose a mortgage on property that became common elements in a phased condominium after the lender consented to the property's submission to the condominium. The Florida Supreme Court held that a lender cannot foreclose against individual unit owners in othe
• Seaboard Coast Line R.R. Co. v. Jackson
  256 So. 2d 568· Fla. 1st DCA· 1971-12-23 ·cited 5×
  Jackson, a railroad switchman, sued Seaboard Coast Line Railroad under the Federal Employers' Liability Act and the Boiler Inspection Act after being struck by railroad cars when the locomotive's radio failed to receive his signal. The court affirmed a $325,000 jury verdict, hold
• Gonzalez v. M/V Destiny Panama
  102 F. Supp. 2d 1352· S.D. Fla.· 2000-06-28 ·cited 4×
  Replacement engines, though uninstalled, are appurtenances to the vessel and subject to maritime lien, and bond should be set at the sum of the vessel's value and the replacement engines' value.
• Meyers v. Scoot-A-Way Corp. & Thunderbird Assocs., Ltd.
  662 So. 2d 411· Fla. 3d DCA· 1995-11-08 ·cited 4×
  Jeffrey Meyers, a minor, was injured when he struck an unpadded steering wheel while operating a leased waverunner in a marina. The Florida appellate court reversed summary judgment for the defendants, holding that the lessor violated Florida's seaworthiness requirement by rentin
• In re Sucesores de Abarca, Inc. v. Gov't Dev. Bank FOR Puerto RICO
  862 F.2d 394· 1st Cir.· 1988-12-05 ·cited 4×
  Overhead cranes installed in a warehouse were permanently attached to the property and thus covered by the mortgage deed and Puerto Rican mortgage law.
• Wash. Med. Ctr., Inc. v. The United States
  545 F.2d 116· Ct. Cl.· 1976-10-20 ·cited 4×
  The United States held fee simple title to the original streets and alleys of Washington, D.C., and thus had the authority to charge for their closure and transfer of title.
• Houser v. Geary
  465 F.2d 193· 9th Cir.· 1972-08-21 ·cited 4×
  The court held that the affidavit provided sufficient probable cause to search the entire premises, including the hothouse, and therefore the search warrant was valid.
• Tompkins v. The City OF EL Paso
  449 F.2d 842· 5th Cir.· 1971-09-29 ·cited 4×
  A sidewalk adjacent to an airport parking lot, used for pedestrian accommodation, is considered appurtenant to the airport facility, and thus falls under sovereign immunity protection in Texas.
• Crane v. The GAS Screw Happy Pappy
  367 F.2d 771· 7th Cir.· 1966-11-03 ·cited 4×
  The court held that the appellant's defiance of court orders was willful and contemptuous, and that the lower court had jurisdiction and properly issued the contempt order and awarded damages.
• Edwards v. Woods
  168 F.2d 827· 8th Cir.· 1948-06-11 ·cited 4×
  The court held that compelling a tenant to rent vacant lots as a condition for renting a house at the maximum legal rent constitutes an evasion of rent regulations, even if the lots are not appurtenant to the house.
• Eastwood Shores Prop. Owners Ass'n, Inc. v. Fla. Dep't of Econ. Opportunity
  264 So. 3d 264· Fla. 2d DCA· 2019-01-25 ·cited 3×
  A condominium association whose members own units that are residential property subject to exclusive ownership qualifies as a "homeowners' association" under MRTA section 712.01(4), even though unit owners also hold undivided interests in common elements, and is therefore entitle
• Sinatra v. Bussel
  119 So. 3d 473· Fla. 2d DCA· 2013-07-10 ·cited 2×
  The Sinatras purchased a condominium unit and received a quitclaim deed purporting to transfer ownership of a dock and boat slip from the Bussels. When the Bussels later sold their original unit (to which the dock and slip were assigned as a limited common element) to Balog, a di
• Wilkinson v. ST. Jude Harbors, Inc.
  570 So. 2d 1332· Fla. 2d DCA· 1990-07-11 ·cited 2×
  The Florida District Court of Appeal affirmed that transferable development rights (TDRs) are not real property subject to ad valorem taxation under Florida law. The court held that TDRs lack the physical, tangible existence required by the statutory definition of real property a
• Calvert Invs., Inc. v. Louisville & Jefferson Cnty. Metro. Sewer Dist.
  847 F.2d 304· 6th Cir.· 1988-05-24 ·cited 2×
  The court held that the sewer district's action of intercepting sewage did not constitute an unconstitutional taking of the private sewer system owner's property because the owner possessed only bare legal title to the mains, which were subject to an easement for the lot owners'
• John F. Hirlinger et ux. v. Stelzer
  222 So. 2d 237· Fla. 2d DCA· 1969-04-23 ·cited 2×
  The court held that the lessees' complaint stated a cause of action for an implied easement based on the lease referencing a master plat and appurtenances, and that the trial court erred in dismissing it.
• United States v. Gray Line Water Tours OF Charleston
  311 F.2d 779· 4th Cir.· 1962-12-20 ·cited 2×
  The Secretary of the Interior may restrict landing privileges at Fort Sumter's pier to a duly selected concessioner, and unsuccessful bidders lack standing to challenge the award process.
• Avlon v. Greencha Holding Corp.
  239 F.2d 616· 2d Cir.· 1956-12-10 ·cited 2×
  The dissenting judge believes the jury should determine invitee status and landlord liability for the platform's condition.
• Smith v. Shelton
  217 F.2d 22· D.C. Cir.· 1954-11-19 ·cited 2×
  The court held that the 16.5-acre tract was not intended to be included in the devise of 'Dower House' and therefore passed under the residuary clause of the will.
• Walker v. Lightfoot
  124 F.2d 3· 9th Cir.· 1941-12-02 ·cited 2×
  The court held that the power plant, transmission line, and personal property constituted improvements or were conveyed by a valid bill of sale, thus vesting title in the appellee.
• Bostwick v. Fla. Cent. & W. R.R. Co.
  61 Fla. 850· Fla.· 1911-01-01 ·cited 2×
  The Florida Supreme Court affirmed a decree requiring William M. Bostwick to convey water lots on the St. Johns River to the Seaboard Air Line Railway Company, holding that the lots were properly included as depot facilities within the railroad's property when the Internal Improv
• Hall v. Rayne Cooks
  346 So. 3d 183· Fla. 1st DCA· 2022-08-03 ·cited 1×
  This case involves a lawsuit filed by individuals and organizations seeking to prevent the City of Madison, Florida, from removing a Confederate soldier monument. The plaintiffs argued the removal violated a 1926 deed, a city ordinance, state law, and their constitutional rights.
• Fla. Dep't of Transp. v. Lauderdale Boat Yard, LLC
  336 So. 3d 28· Fla. 4th DCA· 2022-01-05 ·cited 1×
  The Florida Department of Transportation (FDOT) appealed a trial court's declaratory judgment that Lauderdale Boat Yard (LBY) possessed riparian rights to access the New River. The appellate court reversed, finding that LBY's property did not extend to the mean high-water line an
• Accardi v. Regions Bank
  201 So. 3d 743· Fla. 4th DCA· 2016-09-21 ·cited 1×
  Accardi appeals a trial court's judgment granting foreclosure to Regions Bank and reforming the mortgage to include alluvial land that naturally accumulated oceanfront of his original property. The court affirms, holding that alluvium formed by natural accretion automatically bec
• S. S. Jacobs Co. v. Weyrick
  164 So. 2d 246· Fla. 1st DCA· 1964-05-14 ·cited 1×
  S. S. Jacobs Company appealed a jury verdict finding it liable for conversion of Weyrick's wallpaper business inventory stored in a shed. The appellate court affirmed, holding that the shed was part of the leased premises based on the parties' intent and Weyrick's exclusive posse
• Fairfield S. Co. v. Dir., Off. of Workers' Comp. Programs
  11th Cir.· 2025-12-08
  The court held that work "in an underground coal mine" under the Black Lung Benefits Act can include aboveground work at facilities connected to the mine, and that the Benefits Review Board erred in reversing the ALJ's finding that a preparation plant five miles away was not part
• Rybovich Boat Co., LLC v. Shakra Holdings Ltd.
  S.D. Fla.· 2021-11-29
  Artwork affixed to the walls of a luxury yacht, essential to its recreational mission, is considered an appurtenance subject to maritime liens.
• Mazon v. Tardif
  387 B.R. 641· M.D. Fla.· 2008-04-28
  The court affirmed the bankruptcy court's imposition of an equitable lien on the debtors' condominium and its determination that a cabana was property of the bankruptcy estate, not subject to homestead exemption.
• United States v. ONE 1989 Stratford Fairmont
  986 F.2d 177· 7th Cir.· 1993-02-12
  A mobile home used to facilitate drug offenses is forfeitable under federal law, either as real property or as a vehicle.
• Dionisio Martinez and Maria Julia Davila v. SEA Land Servs., Inc.
  763 F.2d 26· 1st Cir.· 1985-05-30
  The court held that the warranty of seaworthiness extends to the wrapping of ship's stores, not just cargo containers or ship's equipment.
• Immer v. Weintraub
  413 So. 2d 47· Fla. 3d DCA· 1982-03-16
  A non-abutting lot owner granted by dedication only the right to use and enjoyment of an artificial navigable canal possesses no rights beyond those of the general public and therefore lacks standing to challenge the riparian rights exercise of abutting landowners.
• Nicolson v. Brown
  135 F.2d 245· D.C. Cir.· 1943-03-29
  The court held that the federal act extending a Maryland statute protecting canal company land from adverse possession applied to the land in suit, reversing the lower court's dismissal.