SmartBrief
Confirm favorite deletion?
Property Keyed to French
Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc.
Citation:
114 So. 2d 357 (1959)Facts
The Eden Roc Hotel and Fontainebleau Hotel were neighboring luxury establishments on Miami Beach. The Eden Roc’s swimming pool and sunbathing areas were located on the south side of its property, adjacent to the Fontainebleau. Fontainebleau began constructing a 14-story addition on the north side of its property, which would cast shadows on Eden Roc’s swimming pool and beach areas during winter afternoon hours. The Eden Roc claimed this construction was deliberately designed to cast shadows on their property and constituted a nuisance. They sought and initially obtained a temporary injunction to halt the construction, arguing that the Fontainebleau’s actions maliciously interfered with their right to light and air.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
7m 12sTopic Outline 
Topic Refresher Course 