Christine and Steve Mallock buried their son in a burial plot purchased at Southern Memorial Park, Inc.

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Christine and Steve Mallock buried their son in a burial plot purchased at Southern Memorial Park, Inc. Each year the Mallocks conducted a memorial service for their son at his burial plot. On the seventh anniversary of their son's death, the Mallocks went to their son's grave at 11:00 A.M. for the annual service, which generally took 30 minutes. When they arrived, they discovered that a tent and chairs set up for funeral services on the plot next to their son's grave were actually resting on his gravesite. The Mallocks asked Southern's management if the tent and chairs could be moved until they could conduct heir service. The managers refused, and the Mallocks went ahead with their ceremony, cutting it to five minutes, after they moved the chairs and tents by themselves. Southern's managers called the police and had the Mallocks evicted. Southern claimed that the Mallocks had no rights on the property except for the grave and that their deed for the plot did not award an easement for access. Did the Mallocks have the right to access to the gravesite? [Mallock v. Southern Memorial Park, Inc., 561 So. 2d 330 (Fla. Ct. App.)
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Andersons Business Law and the Legal Environment

ISBN: 978-1305575080

23rd edition

Authors: David P. Twomey, Marianne M. Jennings, Stephanie M Greene

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