From our private database of 14,200+ case briefs...
Westland Skating Center, Inc. v. Gus Machado Buick, Inc.
Supreme Court of Florida
542 So.2d 959 (1989)
Westland Skating Center, Inc. (Westland) (plaintiff) operates a skating center on a parcel of land owned by Hialeah Skating Center, Ltd. (plaintiff). Gus Machado Buick, Inc. (Machado) (defendant) operates an auto dealership on an adjoining parcel of land, which was owned by Seip’s Buick (Seip) at the time this dispute arose. Seip’s parcel was at a lower elevation than Westland’s and, as a result, surface waters flowed naturally through Westland’s parcel onto Seip’s parcel. Prior to the construction of the skating center, the surface waters did not damage Seip’s property. However, in April 1980, after the skating rink was constructed, Seip’s property suffered serious flooding after a rainstorm. In response, Seip built a wall between his property and Westland’s. During heavy rainfall in August 1981, the water hit the wall, which acted as a dam, and flowed back up underneath the floor of Westland’s skating center. The rink suffered heavy damage and, after another episode of flooding one month later, the rink closed down. Westland and Hialeah sued Seip for damages and sought a mandatory injunction to remove the wall. Seip counterclaimed for damages and sought an injunction to prevent Westland from damaging the wall. Machado subsequently purchased Seip’s property and substituted for Seip in this action. Before trial, the court granted partial summary judgment in favor of Westland and Hialeah, declaring that Machado’s lower elevation property was the servient tenement for all surface water that flowed from the skating center. The jury relied on the partial summary judgment in finding for Westland and Hialeah. The Third District Court of Appeal reversed the judgment.
Rule of Law
Holding and Reasoning (Grimes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 239,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.