| TRESPASS
To recover damages for trespass, plaintiff
must show by the greater weight to the evidence that:
1. Defendant interfered with plaintiff’s lawful possession or ownership
of real property, by entering upon plaintiff’s property, or starting a
chain of events the natural result of which is to cause an object to enter
plaintiff’s property;
2. Defendant intended to perform the act that resulted in the interference
with plaintiff’s right of possession and did not have permission, authority,
or the right to do so; and
3. Defendant’s actions directly and foreseeably caused damage to plaintiff
or plaintiff’s property.
Authority: Halifax Drainage Dist. v. Gleaton, 188 So. 374 (Fla.
1939); Guin v. City of Riviera Beach, 388 So. 2d 604 (Fla. 4th DCA 1980);
Okaloosa County Gas District v. Enzor, 101 So.2d 406 (Fla. 1st DCA 1958).
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