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Fla. 5th DCA·
2023-09-08
The trial court erred in finding it lacked subject matter jurisdiction based on a "state action" requirement, as Marlowe sought a declaration of his own riparian rights and alleged actual injury from his neighbors' docks, not a hypothetical determination of the City's property ri
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Fla. 5th DCA·
2023-07-14
The appellate court reversed a summary judgment for the City and Van Dykes, finding genuine disputes of material fact regarding property ownership and riparian rights. The court also clarified that a dissolved corporation could still be served by publication for quiet title actio
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M.D. Fla.·
2023-05-05
The court recommended denying motions to dismiss as moot, dismissing claims for declaratory or injunctive relief under Younger abstention, staying claims for monetary relief pending state court proceedings, and denying a motion to dissolve a lis pendens without prejudice.
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M.D. Fla.·
2023-03-31
The district court affirmed the bankruptcy court's order denying the debtors' motion for sanctions, finding no abuse of discretion.
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Del. Ch.·
2022-06-30
The Court denied the Respondents' motion for partial summary judgment, finding that the State did not acquiesce in the Respondents' chain of title for the requisite twenty-year period to divest the State of its superior record title. The Court also found that the elements for equ
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Del. Ch.·
2021-01-05
The court recommends granting summary judgment in favor of the petitioner on its adverse possession claim, declaring it the owner of the disputed strip of land. The court also recommends dismissing the petitioner's alternative claim for a prescriptive easement as moot and denying
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Del. Super. Ct.·
2020-10-30
The Superior Court dismissed Lehman Brothers Holdings, Inc.'s and Sweetwater Point, LLC's complaints, finding their claims time-barred by the applicable statute of limitations. The court held that the "discovery rule" and "inquiry notice" principles meant that the limitations per
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Del. Ch.·
2020-06-23
The Court of Chancery Master recommended granting the community association's motion for summary judgment, finding that the property owners failed to establish the essential elements of adverse possession. Specifically, the court determined that the owners' possession was neither
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Del. Ch.·
2020-02-14
The Court should deny the motion for summary judgment because material factual issues exist regarding the ownership of the disputed parcel. The petitioner has not demonstrated the absence of disputed material facts or entitlement to judgment as a matter of law.
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Fla. 2d DCA·
2019-08-30
Permissive use becomes adverse possession when the occupant asserts a hostile right through accepting and recording a deed and treating the property as owner, even if the true owner is unaware of the claim. The requirement of notifying the owner is satisfied by the delivery of th
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Del. Ch.·
2019-08-08
The Court held that the deed language granted an express easement appurtenant for driveway purposes. The scope of this easement was found to be ambiguous and, considering extrinsic evidence, was interpreted to include parking cars, setting out trash for pickup, and recreational u
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129 La. 1042·
S.D. Fla.·
2019-06-12
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259 So. 3d 832·
Fla. 2d DCA·
2018-11-27
A trial court's judgment establishing a boundary line between coterminous landowners need not be supported by a great preponderance of the evidence; the judgment should be affirmed if credible evidence supports the decree under any reasonable aspect of the case. The trial court p
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Fla. 5th DCA·
2018-08-06
A defendant in default may assert the defense that plaintiff's complaint fails to state a cause of action. Florida Statute Section 95.18 requires seven years of actual, continuous adverse possession without color of title, which may be tacked with predecessors' possession but can
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229 So. 3d 870·
Fla. 1st DCA·
2017-10-24
George Pettis appeals a trial court's dismissal of his claim to reform deeds in a property dispute involving 60 acres in Jackson County, Florida. The First District Court of Appeal reversed, holding that Pettis's reformation claim is not barred by Florida's 20-year statute of lim
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Del. Ch.·
2017-08-01
The appellate court affirmed the trial court's decision, holding that the plaintiffs failed to establish an easement by prescription or by estoppel over the defendants' property. The court found that the plaintiffs did not meet the heightened evidentiary standard required for suc
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N.D. Fla.·
2016-03-31
The court held that the insurer has no duty to defend or indemnify the insured because the allegations in the underlying complaint fall within the policy's sexual misconduct exclusion.
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S.D. Fla.·
2015-09-01
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2015 U.S. Dist. LEXIS 31684·
S.D. Fla.·
2015-02-26
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159 So. 3d 170·
Fla. 3d DCA·
2015-02-04
The court held that the trial court did not err in its factual findings regarding the lot boundaries and the expert testimony presented.
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Del. Ch.·
2013-12-18
The appellate court affirmed the trial court's decision, granting petitioner title to Disputed Area 1 by adverse possession while denying title to Disputed Area 2. The court found that the senior chain of title, as established by the earlier recorded deed, dictated the boundary l
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2005 WL 3359113·
Del. Ch.·
2013-07-17
The court held that the petitioners established a prescriptive easement over the "Inner Loop" of a driveway. The court found that the use was open, notorious, and hostile for over twenty years, meeting the clear and convincing evidence standard required for prescriptive easements
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89 So. 3d 998·
Fla. 3d DCA·
2012-05-23
The Trevetts sought ejectment to reclaim a strip of land encroached upon by a fence on adjacent property owned by Walker. The trial court denied the ejectment claim on grounds of laches, finding Walker established all four required elements because the Trevetts knew of the encroa
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Del. Ch.·
2009-10-22
The Court affirmed the Master's report, finding that the property in question is held by St. John's/Hovington for the benefit of the Conference. Legal title remains with the incorporated religious society, St. John's/Hovington, as no valid deed has transferred ownership. The Conf
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20 So. 3d 877·
Fla. 1st DCA·
2009-08-26
Hearn Properties appeals a judgment quieting title to a disputed strip of land in favor of the Cruce heirs based on boundary by acquiescence. The First District Court of Appeal, sitting en banc, reversed the judgment and receded from prior district court decisions that conflicted
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Del. Ch.·
2009-08-14
The court held that the landowner (Szelestei) established title to the disputed parcel through adverse possession, as she met the requirements of open and notorious, hostile, exclusive, actual, and continuous possession for twenty years. The court found that neither party proved
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Del. Super. Ct.·
2009-03-13
The court granted the Mannings' motion for remittitur, reducing the compensatory damages awarded to the Williams for trespass from $10,000 to $5,000 and the punitive damages from $100,000 to $50,000. The court denied the Mannings' motion for a new trial and denied all of the Will
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Del. Ch.·
2008-07-10
The Court denied the Raphaels' motion to vacate the arbitrator's order, finding it time-barred and without merit even if timely. The Court confirmed the arbitrator's order in favor of Wilson and denied Wilson's countermotion for injunctive relief as premature. The Court held that
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964 So. 2d 699·
Fla. 3d DCA·
2006-08-09
The court held that the appellees failed to prove title under section 253.12(9) because title had already vested elsewhere, and they failed to establish adverse possession without color of title due to not returning the property to the appraiser within one year of possession.
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934 So. 2d 612·
Fla. 1st DCA·
2006-07-26
The Board of Trustees of the Internal Improvement Trust Fund appealed a trial court decision quieting title in James Lee based on adverse possession of 80 acres in Okaloosa County, Florida. The appellate court reversed, finding the trial court's findings of adverse possession wer
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Del. Ch.·
2005-11-16
The court awarded Counterclaimants 25% of their attorneys' fees incurred in defending against Acierno's adverse possession claim due to Acierno's bad faith conduct, specifically a false averment in his complaint and misrepresentations in interrogatories. The court dismissed Count
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875 So. 2d 1284·
Fla. 3d DCA·
2004-07-07
The appellate court affirmed the trial court's judgment in an ejectment case.
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872 So. 2d 1015·
Fla. 3d DCA·
2004-05-19
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849 So. 2d 358·
Fla. 2d DCA·
2003-05-14
Ingeborg Krieger challenged a circuit court judgment that the Town of Longboat Key owned a strip of beach property based on dedication to public use. The appellate court reversed the dedication finding but affirmed the judgment against Krieger on other grounds, holding that her d
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829 So. 2d 264·
Fla. 2d DCA·
2002-09-11
In this postmarital dissolution appeal, the court reversed the trial court's award of reasonable rental value to Mrs. Franklin for Mr. Schryver's occupancy of their former marital residence, holding that under Florida law, a cotenant is entitled to rental value only upon showing
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821 So. 2d 1214·
Fla. 1st DCA·
2002-07-26
Sanders and Thomas disputed ownership of a strip of land east of a dirt road. The trial court awarded title to Thomas based on reformation of deeds, adverse possession under color of title, boundary by agreement, and boundary by acquiescence. The appellate court reversed, finding
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804 So. 2d 371·
Fla. 4th DCA·
2001-09-26
Perimeter Property, Inc. appealed a quiet title and prescriptive easement case involving a strip of land called the "hiatus" near Hugh Taylor Birch State Park in Fort Lauderdale. The court affirmed the trial court's ruling that the hiatus does not exist and rejected the City of F
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754 So. 2d 185·
Fla. 5th DCA·
2000-04-07
The Herrons sought to acquire disputed property through adverse possession under Florida law by paying taxes on it for seven years. The trial court granted summary judgment against them based on a misapplication of tax law, finding that the Dastics and Wilkinsons' earlier 1996 ta
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727 So. 2d 1120·
Fla. 5th DCA·
1999-03-12
The court affirmed the trial court's judgment in a property dispute between neighbors concerning the placement of a fence and a strip of land.
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958 F. Supp. 2d 738·
S.D. Fla.·
1998-11-10
The court held that the plaintiff satisfied the requirements for class certification under Federal Rule of Civil Procedure 23(a) and 23(b)(3), finding common questions of law and fact predominated.
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673 So. 2d 569·
Fla. 4th DCA·
1996-05-22
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667 So. 2d 364·
Fla. 1st DCA·
1995-11-16
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660 So. 2d 805·
Fla. 1st DCA·
1995-09-22
The court held that the trial court's judgment on equitable apportionment, ejectment, and adverse possession was not sufficiently clear or properly resolved, requiring remand for further findings.
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648 So. 2d 180·
Fla. 1st DCA·
1994-12-15
The court held that a party's permissive use of a roadway does not automatically bar them from having standing to bring an action for a prescriptive easement on behalf of the public, provided they can show a special injury.
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639 So. 2d 113·
Fla. 4th DCA·
1994-06-22
The court held that a cotenant's open and notorious possession of property for the statutory period, even without actual notice to other cotenants, can establish adverse possession, especially when the other cotenants were unaware of their interest.
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992 F.2d 1061·
10th Cir.·
1993-04-28
The court held that the United States has standing to appeal and that the district court erred in finding the public use of the roadway was permissive, reversing and remanding for an evidentiary hearing.
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611 So. 2d 8·
Fla. 1st DCA·
1992-12-16
The concurring judge expressed doubts about the retroactive application of statutory amendments to workers' compensation cases where injuries occurred before the amendments' effective dates, despite concurring with the majority's decision to defer ruling on the constitutionality
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606 So. 2d 1208·
Fla. 2d DCA·
1992-09-25
The court held that the trial court erred in granting summary judgment on the quiet title count because genuine issues of material fact remain regarding adverse possession and statutory application.
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978 F.2d 1334·
4th Cir.·
1992-09-22
The court held that corporate mergers and transfers between parent/subsidiary or subsidiary/subsidiary corporations may allow for tacking of adverse possession periods if the transfer is by operation of law or if the entities are alter egos, respectively. However, certain affidav
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973 F.2d 1133·
4th Cir.·
1992-08-14
The court held that the Tribe failed to establish that the district court's refusal to certify a defendant class constituted an abuse of discretion warranting mandamus.