SHAL v. MILLS, 645 So.2d 1079 (Fla.App. 3 Dist. 1994)

LEON SHAL AND LORNA JEAN LEE, APPELLANTS, v. CHARLES R. MILLS, JR. AND SUSAN MILLS, HIS WIFE AND PATRICK G. MILLS, SR., APPELLEES.

No. 94-253.District Court of Appeal of Florida, Third District.
November 23, 1994. Rehearing Denied December 28, 1994.

An Appeal from the Circuit Court for Monroe County; Sandra Taylor, Judge.

Erol M. Vural, Summerland Key, for appellants.

Schattner Emanuele and Jonas Schattner, Ft. Lauderdale, for appellees.

Before BARKDULL, GERSTEN and GODERICH, JJ.

PER CURIAM.

We affirm the finding that an easement has been abandoned. See Dean v. Mod Properties, Ltd., 528 So.2d 432 (Fla. 5th DCA 1988) Joseph v. Duran, 436 So.2d 316 (Fla. 1st DCA 1983); Dan Dee Corp. v. Samuels, 124 So.2d 733 (Fla. 2nd DCA 1960); Woodlawn Park Cemetery Co. v. City of Miami, 104 So.2d 851 (Fla. 3d DCA 1958); Powers v. Scobie, 60 So.2d 738 (Fla. 1952). See and compare Southeast Seminole Civic Assoc. v. Adkins, 604 So.2d 523
(Fla. 5th DCA), rev. denied 613 So.2d 9 (Fla. 1992).

Affirmed.

Page 1080

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