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 Peters. The Detmans were delighted with their purchase because they had wanted, for years, to own oceanfront property. Don Detman started out as a carpenter, but over the years, he built up a very profitable construction business. Recently, Don Detman sold his business and used the money to buy his dream house.
When the Detmans moved in, they walked over to meet their new neighbor. Peters was recovering from the flu and asked her housekeeper to send these strangers away. The Detmans were incensed that their "good neighbor" visit had been rejected. They started referring to Peters as "that rich seacoast snob."
Shortly after moving in, Don Detman built a tennis court on his property. It seemed to Peters that Don Detman played tennis all day every day. An avid gardener, Peters could patiently spend hours tending her flowers, most of which were planted near the property line she shared with the Detmans. The racket coming from the Detmans' tennis court, however, annoyed her so much that she found it difficult to work in her garden for any length of time. When Peters complained, Don Detman curtly reminded her that the court was his and that he could do anything on his property that he wanted to.
Occasionally, tennis balls would