Hanna v. Martin
| Decision Date | 19 December 1950 |
| Citation | 49 So.2d 585 |
| Parties | HANNA et ux. v. MARTIN et al. |
| Court | Florida Supreme Court |
Bell & Bell and Ross Williams, all of Miami, and J. Lewis Hall, Tallahassee, for appellants.
Owen W. Pittman, Miami, for appellees.
For one phase of this litigation see Hanna v. Martin, 160 Fla. 967, 37 So.2d 579. As will be shown by the record, this Court on appeal affirmed the final decree entered below. Pertinent portions thereof are viz.:
'4. That the portion of the fill constructed by defendants on their submerged lands, which has fallen or moved onto the submerged lands of the plaintiffs' submerged lands. That such encroachment and trespass results from the fact that the defendants' fill was not bulkheaded as required in such case by Sec. 309.01, F.S.A., and the plaintiffs as adjoining riparian owners are entitled to protection against the same under remedies as provided in such case in Sec. 271.01, F.S.A.
'5. That the defendants Faud H. Hanna and Margaret Alice Hanna, his wife, their agents, servants and employees, be and they hereby are enjoined and restrained from continuing or permitting the continuance of the said encroachment on the plaintiffs' submerged lands in Biscayne Bay in the front of and easterly from the plaintiffs' said lands and south of the dividing line of the lands of the parties as projected out into the bay; and the said defendants are hereby further enjoined and restrained from causing or permitting further or additional encroachment of their rock, debris or other fill material onto the said submerged lands of the plaintiffs.
'6. It is recognized by this Court that this injunction restraining further encroachment and restraning continuance of the present encroachment cannot be complied with by the defendants without removing from plaintiffs' submerged lands the rocks and other fill which constitute the present encroachment, and, as to future encroachments, without building a bulkhead or other effective retaining wall along the projected dividing line between the lands of the parties; and if the material causing the present encroachment on plaintiff's submerged lands is not removed and a bulkhead or other adequate retaining wall to protect against future encroachments is not constructed along said dividing line, all within 90 days from the date of this decree, the failure of the defendants to do so will constitute a violation of this injunction by which defendants may be made liable for damages to the plaintiffs; and this Court reserves jurisdiction, in that event to determine the liability and the amount of damages and to award such damages to the plaintiffs, or, if upon application by the plaintiffs for a determination of damages, defendants shall indicate a desire for jury trial on the matter of damages, then to transfer it to the law side of this Court for a jury determination of such question of such damages.'
On the going down of our mandate on the former appeal the cause, by appropriate order dated April 1, 1949, was transferred to the law side of the Court for the purpose of having a jury assess the amount of damages sustained by the plaintiffs because of the fill constituting the encroachment described in the pleadings. The elements of damages awarded for disobeying the injunctive order dated May 14, 1948, were: (1) the costs of removal from the plaintiffs' submerged land the rocks and other fill which constitute the present encroachment; (2) 'and if the material causing the present encroachment on plaintiffs' submerged land is not removed and a bulkhead or other adequate retaining wall to protect against future encroachment is not constructed along said dividing line, all within 90 days from date of this decree, the failure of the defendants to do so will constitute a violation of this injunction by which defendants may be liable in damages to the plaintiffs.' (Emphasis supplied.)
As to the elements of damages recoverable the trial Court's instructions to the jury are viz.:
'Now, the plaintiffs' damages may (italics mine) be...
To continue reading
Request your trial
-
Eagle-Picher Industries, Inc. v. Cox
...principle of the law of damages is that the person injured" shall be compensated "commensurate with the loss sustained." Hanna v. Martin, 49 So.2d 585, 587 (Fla.1950). On the other hand, if the rule would not bar a second action for the later-manifested injury, the very rationale for permit......
-
Mci Worldcom Network Services v. Mastec
...the action. In other words, the damages awarded should be equal to and precisely commensurate with the injury sustained. Hanna v. Martin, 49 So.2d 585, 587 (Fla. 1950). In this case, there was no loss of use of any part of the cable system because the service was rerouted to another part of......
-
Nichols v. State Farm Mut.
...ordinary meaning of "civil action for damages" is what I consider to be the traditional concept of a suit for damages. In Hanna v. Martin, 49 So.2d 585 (Fla.1950), the court explained what damages are and the concept of damages in our Damage may be defined to be the loss, injury or deterior......
-
Zalka v. Zalka
...v. Miami Beach Improvement Co., Fla.1950, 46 So.2d 26, 29. Accord: Pearson v. Helvenston, 1905, 50 Fla. 590, 39 So. 695; Hanna v. Martin, Fla. 1951, 49 So.2d 585. In her complaint in the divorce suit the appellee prayed that the appellant be required 'to provide for the support and maintena......