Smith v. Babcock
Neighbors sharing a dock easement disputed removal of a newly built shared dock. The trial court granted partial summary judgment permitting the servient owners to immediately remove the dock. The Sixth DCA held it had jurisdiction under Rule 9.130(a)(3)(C)(ii) because the order determined the right to immediate possession of property, and reversed because disputed evidence about whether the removal agreement was conditioned on agreeing to a replacement dock created a genuine issue of material fact on meeting of the minds.
Key facts
- Neighboring property owners who shared a dock easement disputed the removal of a newly constructed shared dock after the trial court granted partial summary judgment allowing the servient owners to immediately remove it.
- The trial court found no genuine issue of material fact regarding the parties' agreement to remove the dock and granted summary judgment permitting immediate removal by the servient owners.
- +2 more key facts with a free trial
Why it matters
The opinion expands practical understanding of Rule 9.130(a)(3)(C)(ii) beyond replevin/garnishment-type writs, showing that any interlocutory order transferring dominion over real or fixture property — here, authority… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.