In a unique state court lawsuit between neighboring commercial property owners, Bob Stovash was engaged as trial counsel to try his client’s trespass claim and defend against the neighboring property owner’s claim to establish a prescriptive easement for ingress and egress over the client’s commercial property. On November 17, 2022, the Business Court in Orange County, Florida, after a non-jury trial, entered a Final Judgment in favor of Bob’s client. In the Final Judgment, the Court granted a permanent injunction in enjoining the neighboring property owner, its tenants and its business invitees from (a) using the client’s property for ingress and egress and (2) using the client’s property for waste removal. The neighboring property owner was also enjoined from causing or allowing water runoff and flooding onto the client’s property. As for the prescriptive easement claim brought against Bob’s client, the Court dismissed the claim on a motion for involuntary dismissal argued by Bob Stovash. The Court determined that the neighboring property owner had, and has, no legal or equitable right to use the client’s property for ingress and egress or for any other purpose.
For information on Bob Stovash’ s litigation and mediation practice, and the practice of Stovash, Case & Tingley, P.A., contact Bob at email@example.com.