Legal Office Memo Essay
1133 Westwood Blvd.
West Palm Beach, Florida
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.
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 …show more content…
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?
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