STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, APPELLANT,
v.
SIDNEY L. KILGORE, APPELLEE

Fla. 2d DCA | 1974-10-02
No. 74-139
HOBSON, Acting C. J., BOARDMAN, J., and SCHWARTZ, ALAN R., Associate Judge, concur.
300 So. 2d 734 Florida District Court of Appeal, Second District (1974) Positive Treatment
Cited by 2 cases
Topics
Stipulation Of Counsel Quiet Title

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Opinion of the Court
PER CURIAM.

PER CURIAM.

During the course of the trial of this cause, counsel for appellee stipulated that appellee was not claiming any title to that half of Park Drive as platted immediately adjacent to appellant’s maintenance yard in Bonaire Heights. The trial court therefore erred m quieting title to that half of Park Drive in favor of appellee.

The cause is remanded with direction to the trial court to modify its judgment to exclude the one-half of Park Drive as platted, which abuts and adjoins appellant’s maintenance yard, commencing with De-Leon Avenue and running northwesterly to the mid-point of the intersection of Park Drive and Bonaire Drive, as formerly platted. Otherwise, the judgment appealed is

Affirmed.

HOBSON, Acting C. J., BOARDMAN, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

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Citator

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  • Smith v. Silberman, 557 So. 2d 78 (Fla. 3d DCA 1990)
    …, unless it was proven that Phyllis obtained the bonds as an inter vivos gift, the bonds were the sole property of Morton and thus became Estate property. A court is not free to disregard a pretrial stipulation, see State Road Department v. Kilgore, 300 So. 2d 734 (Fla. 2d DCA 1974). Furthermore, there is no basis in the record to support the trial court’s finding that the bonds had become joint property. The trial court erred in concluding that the $200,000 in bearer bonds had become joint property and, thus…

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