PAUL L. CURTIS ET UX., PETITIONERS,
v.
ROBERT L. CHAPMAN, JR., ET AL., RESPONDENTS

Fla. | 1972-11-21
No. 42896
ROBERTS, C. J., and CARLTON, ADKINS and BOYD, JJ., concur., ERVIN, J., dissents.
270 So. 2d 14 Florida Supreme Court (1972) Caution
Cited by 2 cases

Opinion of the Court

Certiorari denied.

ROBERTS, C. J., and CARLTON, ADKINS and BOYD, JJ., concur.

ERVIN, J., dissents.


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  • State v. Theodorus Borsje and Susan Borsje, 566 So. 2d 912 (Fla. 2d DCA 1990)
    …he plat and the distances measured on the actual land. The established rule regarding deficiency or surplus is that it be apportioned or prorated between the lots within that block. See Madison v. Haynes, 264 So. 2d 852 (Fla. 4th DCA), cert. denied, 270 So. 2d 14 (Fla.1972). As a general rule, the width of a road or public right-of-way should not be changed once it is dedicated. C. Brown, W. Robillard & D. Wilson, Boundary Control and Legal Principles, p. 137 (3d ed. 1986). The Borsjes’ surveyor, Mr. Shimp,…
  • Brinson v. Shimp, 574 So. 2d 1105 (Fla. 2d DCA 1990)
    …ed distances on the plat and the measured distances on the actual land, no matter from which disputed point the survey was begun, the trial court should have applied the rule set out in Madison v. Haynes, 264 So. 2d 852 (Fla. 4th DCA), cert. denied, 270 So. 2d 14 (Fla.1972), and apportioned the disputed overage. See State of Florida, Department of Transportation v. Borsje, 566 So. 2d 912 (Fla. 2d DCA 1990). The Madison case indicates that the apportionment rule is not to be applied where impractical or where…

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