Westland Skating Center, Inc. v. Gus Machado Buick, Inc.

542 So.2d 959 (1989)

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Nature of the Case

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Facts

P operates a skating center and D operates an auto dealership on an adjoining parcel of land. Surface waters flowed naturally through P’s parcel onto D’s parcel. Those waters did not damage the property. In 1980, after a skating rink was constructed, D suffered serious flooding. D built a wall, and it acted as a dam and redirected the water underneath the floor of P’s skating center. P suffered serious damage and had to close down. P sued D for damages and a mandatory injunction to remove the wall. D counterclaimed for damages and to enjoin P from damaging the wall. P obtained a partial summary judgment to the effect that as long as the skating rink was constructed in accordance with the South Florida Building Code, D's lower-elevation lot remained the servient tenement for all surface water flowing from the skating center. The jury found in favor of P in excess of one million dollars in damages. The Court of Appeal reversed the judgment against D holding that the trial judge had applied an incorrect rule of law in granting the summary judgment and that the jury instruction based on the summary judgment also was error. P appealed.