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.
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