Title: Opinion File 73-118 thru 73-119
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Permanent Link: http://ufdc.ufl.edu/WL00003360/00001
 Material Information
Title: Opinion File 73-118 thru 73-119
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 73-118 thru 73-119
General Note: Box 14, Folder 3 ( Opinions 1972 - 1973 - 1972 - 1973 ), Item 45
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003360
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text
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e 19, 1973




. Mygnon C. Evans
07 Gillette Avenue
ple Terrace, Florida 33617


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ir Mrs. Evans:

ceipt is acknowledged of your letter of June 5, 1973.

t me first say that I have not made any legal research concerning
e matter of sinkholes as they relate to large wells in a nearby
ea. However, I can advise you that if it can be proved that sink-
les are caused by large wells on adjacent land, the owner of the
operty on which the sinkhole develops would have a cause of action
r damages against the property owner who dug the nearby wells.

far as I know, there has not been a case concerning sinkhole-well
eld correlation, as you asked. The next part of your question was,
es the Court recognize a casual relationship in awarded damages?
believe I can definitely advise you that the Florida law does not
thorize damages if you could only show a casual relationship. Any-
e that you are entitled to damages in Florida, you must show a
rect relationship and specific damages. If there were a series
wells around the area in question, with different ownerships of
nd, it might be necessary to bring all of the parties in as defen-
nts, and then the Court would determine, based upon the evidence,
ether it was one or an accumulation of all of the wells that caused
e damage.

n my practice as attorney for the Southwest Florida Water Management
district and in private matters not related to the Water Management
district, I have not had cause to research this matters therefore,
he reason that I cannot give you specific information is because
he problem has not yet arisen in my practice of law. Any conclus-
ons that I have given you are based upon my knowledge of water





SF--y -j-^- -- 73 --119?


Juno 19, 1973


A0 Kir. Mygnon C. E ans






i ri hts and responsibilities in other matters not dealing with the
si khole relationship. However, I think the reasonable use doctrine
of water, as applied in Florida, would certainly be applied to the
si holes, just as it is basis for damages if a large well field
j affects the water supply of adjacent owners. They would have a
I-c e of action if they can show that the damages there being caused
a related to the withdrawal of waters by the owners of the large
Slas adjacent to their properties.

I in our work with the Water Management District, our firm is
d ected to research this matter, I will be most happy to furnish
y with a resume of our findings, Certainly it is an interesting
p nt of law, and, as attorney for the District, I can make the in-
f nation available to you if and when I am asked to make such
r earch.

\i Yours very truly,



Myron G. Gibbons

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