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Florida Statute 704.08 | Lawyer Caselaw & Research
F.S. 704.08 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 704.08

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 704
EASEMENTS
View Entire Chapter
F.S. 704.08
704.08 Cemeteries; right of ingress and egress for visiting or maintenance.The relatives and descendants of any person buried in a cemetery shall have an easement for ingress and egress for the purpose of visiting the cemetery at reasonable times and in a reasonable manner. The owner of the land may designate the easement. If the cemetery is abandoned or otherwise not being maintained, such relatives and descendants may request the owner to provide for reasonable maintenance of the cemetery, and, if the owner refuses or fails to maintain the cemetery, the relatives and descendants shall have the right to maintain the cemetery.
History.s. 36, ch. 80-238.

F.S. 704.08 on Google Scholar

F.S. 704.08 on Casetext

Amendments to 704.08


Arrestable Offenses / Crimes under Fla. Stat. 704.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 704.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE NEW YORK MORTGAGE BANKERS INC, s PR, v. s, 529 B.R. 12 (Bankr. D.P.R. 2015)

. . . filed in the case, including the follow up of all leads that they suggest. 6 COLLIER ON BANKRUPTCY P. 704.08 . . .

In GALINDEZ, 514 B.R. 79 (Bankr. D.P.R. 2014)

. . . Sommer, 6 Collier on Bankruptcy ¶ 704.08[1] (16th ed. 2014). . . .

VILLAGE CARVER PHASE LLC, v. FIDELITY NATIONAL TITLE INSURANCE CO., 128 So. 3d 107 (Fla. Dist. Ct. App. 2013)

. . . Because (a) section 704.08, Florida Statutes (2012), renders the title to the instant property unmarketable . . . present one does not except or exclude the existence of a cemetery or the consequent effect of section 704.08 . . . See § 704.08, Fla. Stat. (2008). We disagree. . . . Carver, joined by the dissent, next contends that Fidelity National had an obligation to list section 704.08 . . . case before us, no one has sought to exercise a legal right or assert any interest pursuant to section 704.08 . . . Section 704.08 does not create an interest in real property. . . . Section 704.08 reads in full: 704.08. . . .

In VOLLEN,, 426 B.R. 359 (Bankr. D. Kan. 2010)

. . . Taxes 1,265.42 Loan Repayments 744.00 [$511.00] Recreation 20.00 Daughter’s College Expense 266.00 [$704.08 . . . Ex. 14 shows these expenditures to be $704.08 a month. It is unclear how Mr. . . . While the Court suspects that housing costs and living expenses alone more closely approach the $704.08 . . .

In STICKNEY,, 370 B.R. 31 (Bankr. D.N.H. 2007)

. . . Sommer, Collier on Bankruptcy ¶ 704.08 (15th ed. rev.2007). . . .

MILES, v. M V HANSA CALEDONIA, MBH Co. KG. M V, 245 F. Supp. 2d 1261 (S.D. Ga. 2002)

. . . . § 704.08[2] (emphasis added); see also Hamilton v. . . .

H F LAND, INC. v. PANAMA CITY- BAY COUNTY AIRPORT AND INDUSTRIAL DISTRICT,, 736 So. 2d 1167 (Fla. 1999)

. . . We recognize that section 704.08, Florida Statutes (1995), allows an easement for ingress and egress . . .

In MANSHUL CONSTRUCTION CORP. v. G., 228 B.R. 532 (S.D.N.Y. 1999)

. . . See 6 Collier on Bankruptcy § 704.08 (15th ed.1998). . . .

SECURITY BANK AND TRUST COMPANY, v. UNITED STATES,, 26 Cl. Ct. 693 (Cl. Ct. 1992)

. . . See 4 Collier on Bankruptcy, para. 704.08 (15th ed. 1992). . . .

MALLOCK v. SOUTHERN MEMORIAL PARK, INC., 561 So. 2d 330 (Fla. Dist. Ct. App. 1990)

. . . intentional infliction of emotional distress, and breach of the statutory right of access pursuant to section 704.08 . . . damages for an alleged breach by the cemetery of the Mal-locks’ right of access pursuant to section 704.08 . . . This interpretation of section 704.08 is consistent with the criteria set forth in Fischer v. . . . Because the amended complaint alleged a cause of action for violation of section 704.08, the motion to . . . before us is whether the trial court erred in dismissing the Mallocks’ claim for damages under section 704.08 . . .

In RIVERSIDE- LINDEN INVESTMENT CO. a, 85 B.R. 107 (Bankr. S.D. Cal. 1988)

. . . fails to do so, the trustee should request the court order him to do so. 4 Collier on Bankruptcy para. 704.08 . . .

In T. DAHOWSKI, CLIENT S SECURITY FUND OF STATE OF NEW YORK, v. T. DAHOWSKI,, 48 B.R. 877 (Bankr. S.D.N.Y. 1985)

. . . were result of excusable neglect, complaint would not be dismissed); and 13 Collier on Bankruptcy ¶ 704.08 . . . See 13 Collier on Bankruptcy ¶ 704.08 at page 7-97 (14th ed. 1977). . . .

UNITED STATES v. GLENEAGLES INVESTMENT CO. INC., 565 F. Supp. 556 (M.D. Pa. 1983)

. . . favor of the United States and against Raymond Colliery and its subsidiaries in the amount of $119,-704.08 . . .

IRWIN LEIGHTON v. UNITED STATES, 65 F. Supp. 794 (Ct. Cl. 1946)

. . . plaintiffs purchased from the University electricity, and steam for heating the building, the cost being $704.08 . . . We think plaintiffs should be charged with this latter item and also with the item of $704.08 which was . . .

IRWIN LEIGHTON, A PARTNERSHIP v. THE UNITED STATES, 106 Ct. Cl. 398 (Ct. Cl. 1946)

. . . plaintiffs purchased from the University electricity, and steam for heating the building, the cost being $704.08 . . . We think plaintiffs should be charged with this latter item and also with the item of $704.08 which was . . .