Haramis v. Craft
The Fourth DCA reversed the portion of a final summary judgment finding that a neighbor's concrete columns violated an express easement and ordering their removal. Even though the non-movant's opposition and affidavits were properly stricken as untimely and hearsay, the movants' own evidence failed to establish entitlement to judgment as a matter of law: "landscaping" was undefined and could reasonably encompass the columns, and the movants never identified any town law, ordinance, or regulation that the installation violated.
Key facts
- Haramis owned property with an express easement allowing Craft to use the land for 'landscaping over, upon, under, and across' the parcel; Craft installed concrete columns on the easement area.
- Haramis moved for summary judgment claiming the columns violated the easement terms and local laws, and sought an injunction to remove them; the trial court granted summary judgment and ordered removal.
- +1 more key fact with a free trial
Why it matters
A useful decision for litigators facing summary judgment after their opposition papers are stricken: reversal remains available if the movant's own record fails the 1.510(a) standard, reinforcing Fuentes v. Luxury… — full analysis with a trial
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