Florida defense attorneys Autumn George and Christine Freer successfully defended a property owner in a dispute involving alleged damage from encroaching tree roots. Their knowledge and strategic application of Florida law resulted in a complete dismissal of the claims and proved to be the difference in delivering a positive result for their client.
Strategic Application of Florida Property Law Leading to a Dismissal with Prejudice
In this particular case, the Plaintiff claimed that tree roots originating from our client’s property extended onto the Plaintiff’s land, causing damage and giving rise to claims of negligence, nuisance, and trespass. Autumn and Christine used their expertise and experience to approach the case with results in mind.
Under established Florida law, landowners are not responsible for naturally occurring root growth that crosses property lines. Requiring landowners to monitor or remove roots from adjacent properties would impose an impractical obligation and encourage unneccessary disputes and litigation between neighbors. Without a legal duty to control or prevent root encroachment, there was no basis for a claim of negligence, nuisance, or trespass against our client.
Galloway filed a Motion to Dismiss with Prejudice, supported by controlling case law. The Plaintiff did not present any legal precedent to contradict the case law presented. As a result, the Judge agreed with Galloway’s motion and dismissed the case with prejudice.
Galloway Defense Lawyers in Florida
With four office locations in Florida, Galloway Johnson Tompkins Burr & Smith counsels and represents clients throughout the state. The Florida team collaborates across jurisdictions to provide exceptional client service.
As managing director of the Firm’s Jacksonville office, Autumn George brings a critical and strategic approach to her practice, which focuses on civil litigation in both state and federal courts. Her clients value her intense focus and timely communication throughout the legal process and across industries.
Christine Freer is a Fort Lauderdale defense attorney who believes in effective communication, active listening, and recognizing her clients’ expectations and legal objectives. She focuses her practice on liability and casualty litigation, advising her clients on the benefits and risks of motions and trial.
Our team is proactive in tenaciously advocating for our clients through dispositive motions and trial. From insurance defense to premises liability matters, Galloway was built on legal excellence in advising insureds, carriers, and property owners, collaborating with them to protect what matters most. As in this case, we go way above and way beyond in producing favorable results for clients in Florida and across the Gulf South, Midwest, and nationwide.
When facing property damage or nuisance claims in Florida, contact Galloway’s experienced litigators for strategic defense.
