BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, PETITIONER,
v.
PARADISE FRUIT COMPANY, INC., A FLORIDA CORPORATION, RESPONDENT
This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution (1980), and the Court having determined that it should decline to accept jurisdiction, it is ordered that the Petition for Review [of 414 So. 2d 10] is denied.
No Motion for Rehearing will be entertained by the Court. See Fla.R.App.P. 9.330(d).
ADKINS, Acting C.J., and BOYD, MCDONALD and EHRLICH, JJ., concur. OVERTON, J., dissents with an opinion.
OVERTON, Justice,
dissenting.
I dissent. I find that this Court has mandatory jurisdiction because the district court declared section 712.03(7), Florida Statutes (1979), to be unconstitutional in its retroactive application. I also find that there is conflict with our decisions in Odom v. Deltona Corporation, 341 So. 2d 977 (Fla. 1977), and Martin v. Busch, 93 Fla. 535, 112 So. 274 (1927).
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Coastal Petroleum Co. v. Am. Cyanamid Co., 454 So. 2d 6 (Fla. 2d DCA 1984)…s themselves wrongfully issued a deed at the “root of title” prior to the initial passage of MRTA in 1963. Board of Trustees of the Internal Improvement Trust Fund v. Paradise Fruit Co., 414 So. 2d 10 (Fla. 5th DCA 1982), petition for review denied, 432 So. 2d 37 (Fla. 1983). Here, as in Paradise Fruit Co., the Trustees executed the deeds, which are the plaintiffs' “root of title.” § 712.01(2), Fla. Stat. (1981). Plaintiffs’ titles under the 1883 deeds were perfected under MRTA, as enacted in 1963; therefore…
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Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Stevens, 472 So. 2d 1287 (Fla. 2d DCA 1985)…See Askew v. Sonson, 409 So. 2d 7, 9 (Fla.1981). The fifth district, however, squarely faced the issue in Board of Trustees of the Internal Improvement Trust Fund v. Paradise Fruit Co., 414 So. 2d 10 (Fla. 5th DCA 1982), petition for review denied, 432 So. 2d 37 (Fla.1983), and refused to give the 1978 amendment retroactive effect. The fifth district concluded that MRTA, as apparent from its plain language prior to the 1978 amendment, could perfect private ownership of sovereignty lands in applicable cases.…
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State v. Bronsons, Inc., 469 So. 2d 214 (Fla. 5th DCA 1985)…ered waters and can perfect title thereto in a private owner. See Askew v. Sonson, 409 So. 2d 7 (Fla. 1982); Odom v. Deltona Corp., 341 So. 2d 977 (Fla.1976); Board of Trustees v. Paradise Fruit Co., 414 So. 2d 10 (Fla. 5th DCA 1982), review denied, 432 So. 2d 37 (Fla.1983); State, Dept. of Natural Resources v. Contemporary Land Sales, Inc., 400 So. 2d 488 (Fla. 5th DCA 1981); Coastal Petroleum Co. v. American Cyanamid, 454 So. 2d 6 (Fla. 2d DCA 1984); Sawyer v. Modrall, 286 So. 2d 610 (Fla. 4th DCA 1973), c…
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- Martin v. Clarence M. Busch for Clarence M. Busch, 93 Fla. 535 (Fla. 1927)
- Odom v. The Deltona Corp., 341 So. 2d 977 (Fla. 1976)
- Bd. OF Trs. OF the Internal Improvement Tr. Fund OF the State OF Fla. v. Paradise Fruit Co., Inc., 414 So. 2d 10 (Fla. 5th DCA 1982)