ENES CAMPANELLA, APPELLANT,
v.
DAVID L. SHUFORD, ETC., ET AL., APPELLEES
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SMITH, Judge.
Appellant’s complaint sought a declaration of her rights in a disputed graded roadway along 410 feet on the southern boundary of her land. The trial court entered summary judgment for the defendant County Commission of Bradford County and adjoining landowners, holding that the county had maintained the road for more than the four-year prescriptive period, § 95.361, F.S.1975, to a width “set forth in the deposition of Leon Ellington,” the county road superintendent. Appellant contends that the record shows that there are disputed issues of material fact precluding summary judgment, and we agree. While the record reveals without dispute that the road in question was maintained for the prescriptive period, hence partial summary judgment on that issue would have been appropriate, Ellington’s deposition and the record as a whole are inconclusive on the question of the maximum width to which the roadway was continuously maintained. Accordingly, summary judgment was not appropriate. Rule 1.510, R.C.P. The unresolved question must be settled by trial.
REVERSED.
BOYER, C. J., and MILLS, J., concur.
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Connelly v. Arrow AIR, Inc., 568 So. 2d 448 (Fla. 3d DCA 1990)…85); Kent Ins. Co. v. Glades Liquors, Inc., 418 So. 2d 1101 (Fla. 3d DCA 1982), rev. denied, 429 So. 2d 6 (Fla.1983); Davis v. Hathaway, 408 So. 2d 688 (Fla. 2d DCA 1982); Burkett v. Parker, 410 So. 2d 947 (Fla. 1st DCA 1982); Campanella v. Shuford, 336 So. 2d 1257 (Fla. 1st DCA 1976). On the record before us, jury issues are present. Reversed and remanded for further proceedings. . Fisher v. Shenandoah Gen. Constr. Co. and Spivey v. Battaglia, infra. See also Lawton v. Alpine Engineered Prod., Inc., 498 So.…
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City OF Live OAK v. Arnold, 468 So. 2d 410 (Fla. 1st DCA 1985)…nd contra-dietary. The court on motion for summary judgment may rule based only on uncontradict-ed evidence, and may not weigh the evidence in order to arrive at a factual conclusion necessary for granting of summary judgment. Campanella v. Shuford, 336 So. 2d 1257 (Fla. 1st DCA 1976); Burkett v. Parker, 410 So. 2d 947 (Fla. 1st DCA 1982); Davis v. Hathaway, 408 So. 2d 688 (Fla. 2d DCA 1982).…
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Mathers v. Wakulla Cnty., 219 So. 3d 140 (Fla. 1st DCA 2017)…A 1988); Osceola Cty. v. Castelli, 435 So. 2d 417, 418 (Fla. 5th DCA 1983); Hodges v. City of Winter Park, 433 So. 2d 1257, 1259 (Fla. 5th DCA 1983); Balbier v. City of Deerfield Beach, 408 So. 2d 764, 765 (Fla. 4th DCA 1982); Campanella v. Shuford, 336 So. 2d 1257, 1258 (Fla. 1st DCA 1976). The County argues that section 95.361 provides for acceptance by the filing of a map with the clerk. The County points to section 95.361(3), which states as follows: (3) The filing of a map in the office of the clerk of…