Legal Office Memo Essay

3041 Words Sep 23rd, 2012 13 Pages
Siegel & Associates
1133 Westwood Blvd.
West Palm Beach, Florida

MEMORANDUM
TO: Senior Partner
FROM: John J. Doe
DATE: October 1, 2010
RE: Peters v. Detman

This memorandum assesses the merits of Anne Peters’ in West Palm Beach, Florida, for possible claims against Don and Betty Detman for intentional infliction of emotional distress and for violation of Florida’s Spite Fence statute.
FACTS
Anne Peters owns the property at 915 Sea Crest Drive in West Palm Beach, Florida. Peters, who is seventy-three years old and was widowed fifteen years ago, has lived at this address for most of her life. About six months ago, Don and Betty Detman, both forty-eight years old, bought the property at 905 Sea Crest Drive, next door to
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"I'm not decent." "I'll turn them off when we're through using our beach," Don Detman answered, "and not before." The Detmans continued to chat with their guests, obviously in no hurry to leave. When she could no longer stand the cold, Peters got out of the water and ran to her robe on the beach. As she told me in my office yesterday, she has never been so embarrassed or humiliated in her life. She feels that she can never face the Detmans again.
QUESTION PRESENTED
1. Did Don and Betty Detman erect a fence that is deemed to be private nuisance under the Florida Spite Fences Statute?
2. Does Ann Peters have cause of action to claim damages for Intentional Infliction of Emotional Distress against Don and Betty Detman?
BRIEF ANSWER
1. Yes. The Detmans did erect a fence that is a private nuisance because under the Florida Spite Fence Statute the fence exceeded six feet, was on the property line, blocking the sun to Peter’s flower garden causing her plants to die thus denying Peter’s comfort or enjoyment of her estate. 2. Yes. Because the Detmans conduct at the beach, erecting the tall fence, and installing mercury vapor lights that lit up the beach and Peter’s property was so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized

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