Fl ACTION FILMS V. GREEN EAST 2
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Third District Court of Appeal State of Florida, July Term, A.D. 2009 Opinion filed December 2, 2009. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-944 Lower Tribunal No. 06-1613 ________________ Florida Action Films, Inc., Ted Vernon Specialty Automobiles, Inc., Ted Vernon and Estate Marketing, Inc., Appellants, vs. Green East #2, Ltd., Appellee. An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge. Alan K. Marcus, for appellants. Shutts & Bowen and Stephen B. Gillman; Shutts & Bowen and Suzanne Youmans Labrit (Tampa), for appellee. Before COPE, WELLS, and CORTIÃ AS, JJ. WELLS, Judge. Florida Action Films, Inc., Ted Vernon Specialty Automobiles, Inc., Ted Vernon, and Estate Marketing, Inc. appeal from a Final Judgment interpreting and enforcing an easement in a 1935 deed. We agree with the trial court that the express easement is unambiguous and accords only an easement of ingress and egress extending only from the northern border of the parcel conveyed in 1935 to 79th Street on the south. We also agree that no easement by way of necessity over Appellee, Green East #2 Ltd. s property has been proved to exist. Lastly, we agree that the court below properly enjoined the Appellants herein from their admittedly continuing trespass on Green East s property. See Autozone Stores, Inc. v. Northeast Plaza Venture, LLC, 934 So. 2d 670, 673 n.1 (Fla. 2d DCA 2006) (confirming that an injunction is an appropriate remedy for a continuous or repeated trespass); Overstreet v. Lamb, 128 So. 2d 897, 900 (Fla. 1st DCA 1961) (recognizing injunctive relief as an appropriate remedy for a continuing trespass on land ). Accordingly, the order on appeal is, in all respects, affirmed. 2
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