Summary
In Rotolante v. Dasilva, 460 So.2d 560 (1984), the Florida court held that an owner of land, who neither owns nor has custody or control of livestock has no duty to erect or maintain a fence on the land.
Summary of this case from Evancho v. BakerOpinion
No. 83-1854.
December 18, 1984.
Appeal from the Circuit Court, Dade County, Lewis B. Whitworth, J.
William H. Peeples and Lewis D. Milledge, Jr., Richard M. Gale, Miami, for appellant.
Mark Krasnow, Miami, for appellee.
Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ.
The appellant is the owner of real property upon which her lessee operates a boarding stable for horses, and from which a horse which was neither owned nor controlled by the appellant wandered onto a public road causing damage to the appellee. The judgment against the appellant is reversed with directions to enter judgment in her favor upon a holding that the owner of land, who neither owns nor has custody or control of any livestock on the property, has no duty to erect or maintain a fence upon the land. Davidson v. Howard, 438 So.2d 899 (Fla. 4th DCA 1983), rev. denied, 450 So.2d 486 (Fla. 1984).
Reversed.