Boundary Dispute

120 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Mexia v. Oliver
  148 U.S. 664· U.S.· 1893-04-17 ·cited 7×
  Mexican citizens Sarah B. Mexia and her husband sued in federal court to recover possession of land in Texas, claiming title based on a partition deed from 1874 and arguing that a boundary line had been established and acquiesced to in 1855. The trial court admitted into evidence
• Evans v. Forte
  510 So. 2d 327· Fla. 2d DCA· 1987-05-29 ·cited 6×
  The Evanses appealed a declaratory judgment establishing boundary lines for two disputed strips of land adjoining their property to Forte's property in Pasco County, Florida. The trial court adopted the Simmons survey over the earlier Hunt survey to establish Forte's correct nort
• Willis v. Campbell
  500 So. 2d 300· Fla. 1st DCA· 1986-12-24 ·cited 6×
  Willis appealed a final order establishing the boundary between her property and the Campbells' property, arguing the court erred by basing the boundary on a new survey rather than a resurvey of the original survey. The court agreed and reversed, holding that the original Cook su
• Leila Thompson Bliss v. Kinsey
  233 So. 2d 191· Fla. 2d DCA· 1970-03-18 ·cited 6×
  The court held that the strip of land between the meander line and the shore line should be apportioned in the same manner as accretion, considering all circumstances of the case.
• Anesta Calistro v. Osmond Kean
  389 F.2d 619· 3d Cir.· 1968-02-19 ·cited 6×
  The court held that the appeal must be dismissed for lack of jurisdiction because the judgment appealed from was not a final decision under 28 U.S.C. § 1291 and Rule 54(b) of the Federal Rules of Civil Procedure.
• United States v. Fred Cline and wife
  388 F.2d 294· 4th Cir.· 1968-01-08 ·cited 6×
  The court held that the master's dual role as an expert witness and a master prejudiced the appellants, requiring a remand.
• Fla. Coca-Cola Bottling Co. v. Robbins
  81 So. 2d 193· Fla.· 1955-06-15 ·cited 6×
  Florida Coca-Cola Bottling Company appeals a judgment for ejectment that awarded the Robbins plaintiffs possession of property described only as "1½ feet" of their lots and $3,500 in damages. The Florida Supreme Court reverses, finding the jury verdict insufficiently described th
• Williams v. River Bend of Cocoa Beach, Inc.
  281 So. 3d 546· Fla. 5th DCA· 2019-09-19 ·cited 5×
  Mary Jean Ann Williams appealed a trial court judgment in a boundary dispute and water diversion case against River Bend Condominiums. The Florida appellate court affirmed most of the trial court's findings but held that the trial court erred by rewriting the legal description of
• Olive F. Stengel v. The Am. Hotels Co. OF Conn.
  152 So. 2d 760· Fla. 2d DCA· 1963-04-12 ·cited 5×
  Plaintiff Stengel appealed a summary judgment dismissing her suit to quiet title to property on Captiva Island, where she sought to establish boundary lines between her land (Government Lot 2) and defendants' land (Lot 1). The court affirmed, holding that the identical issues had
• Brinson v. Shimp
  574 So. 2d 1105· Fla. 2d DCA· 1990-11-21 ·cited 4×
  The trial court erred in applying the rule that original surveyor monuments control over a plat when there was no evidence of original surveyor monumentation.
• Turner v. Valentine
  570 So. 2d 1327· Fla. 2d DCA· 1990-06-22 ·cited 4×
  The court held that the trial court correctly applied the law of adverse possession, as interpreted in Seddon v. Harpster, to the facts of this case, affirming the judgment for the appellees.
• Medlin v. Rucks
  397 So. 2d 950· Fla. 4th DCA· 1981-04-08 ·cited 4×
  The Medlins appealed a directed verdict ruling in a boundary dispute with the Rucks over a triangular parcel of land in Florida. Though the trial court's reasoning was flawed, the appellate court affirmed based on a boundary line agreement established through at least 15 years of
• Grant v. Strickland
  385 So. 2d 1123· Fla. 1st DCA· 1980-06-30 ·cited 4×
  The court held that the appellants failed to prove substantial enclosure for adverse possession without color of title.
• Augustus J. Simmons v. Wetherell
  472 F.2d 509· 2d Cir.· 1973-01-19 ·cited 4×
  The court held that the state's repeated attempts to condemn land, even if ultimately unsuccessful or inefficient, did not constitute an unconstitutional taking under § 1983, but a claim regarding runway lights on disputed land stated a cause of action, albeit one to be stayed pe
• Giovannielli v. Lacedonia
  177 So. 2d 506· Fla. 3d DCA· 1965-07-27 ·cited 4×
  The appellate court affirmed the trial court's amended final decree which found the plaintiff to be the owner of the disputed real property and ordered the defendants to remove themselves and their property from the land.
• Duke v. Durfee
  308 F.2d 209· 8th Cir.· 1962-09-18 ·cited 4×
  A prior judgment determining subject-matter jurisdiction is generally res judicata and not subject to collateral attack, unless overriding public policy dictates otherwise.
• Pendry v. Wright
  20 Fla. 828· Fla.· 1884-06-01 ·cited 4×
  Pendry appeals from a decision in an equity proceeding over disputed land boundaries. The Florida Supreme Court reversed, holding that a dispute over the true location of a section boundary line is a question of legal title cognizable only in a court of law, not equity, and dismi
• McMillan v. Archibald Lacy
  6 Fla. 526· Fla.· 1855-04-01 ·cited 4×
  The court affirmed a lower court's decision to sustain a demurrer to a special plea in a trespass action. The special plea attempted to argue that the property in question was not within the jurisdiction of the court, but the court found this defense to be invalid and essentially
• Leighton v. Johns
  116 So. 2d 436· Fla. 2d DCA· 1959-11-25 ·cited 3×
  Plaintiffs appealed from a dismissal of their complaint seeking a declaratory decree to establish the boundary of the Hanson Grant and confirm they, not the Johns defendants, held title to disputed land in Martin County, Florida. The trial court dismissed on two grounds: insuffic
• Del. Sec. Corp. v. Addie W. Kahn
  129 Fla. 26· Fla.· 1937-07-31 ·cited 3×
  Delaware Securities Corporation appealed a directed verdict in favor of the defendant in an ejectment suit over a disputed boundary strip between adjacent lots. The Florida Supreme Court reversed, holding that the trial court erroneously excluded evidence regarding the actual loc
• Andrews v. Barton
  974 So. 2d 1144· Fla. 3d DCA· 2008-02-13 ·cited 2×
  In this boundary dispute between neighboring property owners on Stock Island, the appellate court reversed a jury verdict awarding damages to the plaintiff because the trial court improperly excluded a tax assessor's map that was relevant to the location of the disputed property
• Thaddeus Petryni and Aukje Marijke Petryni v. Denton
  807 So. 2d 697· Fla. 2d DCA· 2002-01-18 ·cited 2×
  The Petrynis and their neighbors disputed boundary lines in a platted subdivision where a ten-foot discrepancy existed between the plat and actual ground measurements. The trial court attributed the entire deficiency to the Petrynis' lot, but the appellate court reversed, holding
• Jesse G. Collier and wife v. Parker
  794 So. 2d 616· Fla. 1st DCA· 2001-03-14 ·cited 2×
  The court held that the trial court's determination of property boundaries and easement encroachment was supported by competent, substantial evidence and that arguments not raised below were waived.
• Pueblo OF Santa ANA v. Baca
  844 F.2d 708· 10th Cir.· 1988-03-25 ·cited 2×
  The court held that a Spanish adjudication of a land boundary dispute was more reliable than a later United States survey, and that Santa Ana acquired title by adverse possession.
• Summit Timber Co. v. The United States
  677 F.2d 852· Ct. Cl.· 1982-04-21 ·cited 2×
  The court held that erroneous representations by the Forest Service regarding the accuracy of timber sale boundaries, upon which the plaintiff reasonably relied, constitute a breach of contract, entitling the plaintiff to damages.
• Toombs v. Modesto GIL
  353 So. 2d 934· Fla. 3d DCA· 1978-01-10 ·cited 2×
  In this ejectment action over disputed property boundaries in a subdivision, the trial court awarded judgment to the Gils based on occupational lot lines rather than recorded plat lines. The appellate court reversed because the ejectment judgment was fatally defective for failing
• Simons v. United States
  413 F.2d 531· 5th Cir.· 1969-06-25 ·cited 2×
  The Federal Tort Claims Act waives sovereign immunity for trespass claims against the United States, and a lessor may be liable for a lessee's trespass under Texas law if they acted in concert or the trespass was a natural result of the lease.
• State Rd. Dep't OF Fla. v. Frugoli
  123 So. 2d 473· Fla. 1st DCA· 1960-10-06 ·cited 2×
  The State Road Department appealed a dismissal of its complaint seeking mandatory injunction to remove encroaching property improvements from a public highway right of way. The court held that the complaint, despite being poorly pleaded, sufficiently alleged a cause of action for
• Gilcrease Oil Co. v. Cosby
  132 F.2d 790· 5th Cir.· 1943-01-20 ·cited 2×
  The court held that title to real property cannot be acquired by estoppel, and the plaintiff must stand on the strength of its own title.
• Jabour v. Calleja
  731 So. 2d 792· Fla. 3d DCA· 1999-04-21 ·cited 1×
  In this boundary dispute, the Jabours obtained a quitclaim deed from the Callejas to resolve a property line conflict. The Callejas later sought to rescind the deed, claiming unilateral mistake about the acreage conveyed. The appellate court reversed the trial court's invalidatio
• T.T. Todd Co., Inc. v. Kent
  675 So. 2d 693· Fla. 1st DCA· 1996-06-25 ·cited 1×
  Florida appellate court reversed a boundary dispute judgment because the trial court applied equitable estoppel and boundary by acquiescence theories that were never pleaded by the defendants, who only raised adverse possession under color of title as their affirmative defense.
• Meta Grace Keebler v. Invs. Unlimited, Inc.
  260 So. 2d 856· Fla. 1st DCA· 1972-03-30 ·cited 1×
  Keebler and other defendants appealed a declaratory judgment confirming that Investments Unlimited held fee simple title to fractional Section 31 in Walton County, Florida, and establishing the boundary between Sections 30 and 31. The court affirmed, relying on established case l
• Jones v. Wellman
  223 So. 2d 572· Fla. 4th DCA· 1969-05-27 ·cited 1×
  This case concerns the western boundary of a government lot in Okeechobee County, Florida. The appellate court affirmed the jury's verdict in favor of the defendants but remanded the case to correct a minor inaccuracy in the final judgment's property description.
• Giovannielli v. Lacedonia
  209 So. 2d 680· Fla. 3d DCA· 1968-04-09 ·cited 1×
  This case involves an ejectment action where the primary dispute was the location of a boundary line between two properties. After a prior appeal determined the issue was a legal one, the case proceeded to a jury trial. The appellate court affirmed the trial court's judgment, fin
• Dean v. 1180 Bimini, LLC
  Fla. 4th DCA· 2026-01-07
  An injunction must specify the reasons for entry and describe the restrained acts in reasonable detail without reference to other documents, and failure to do so requires reversal.
• Kevin Cook AND Nichole Cook v. C.A. No. 2021-0522-SG Deep Hole Creek Assocs.
  Del. Ch.· 2024-07-24
  The court held that the plaintiffs own the property up to the centerline of Deep Hole Creek. The court found that the grantor's intent, as evidenced by the language in the deeds and the priority of calls favoring natural monuments, was to convey title to the centerline. This inte
• United States v. Madison
  104 La. 614· M.D. Fla.· 2018-10-10
  The court denied the defendant's pre-trial motions, finding that the federal kidnapping statute is constitutional, the Tenth Amendment challenge to the Federal Death Penalty Act (FDPA) is not ripe, and the Eighth Amendment does not preclude the death penalty for individuals with
• Rodero v. Signal Fin. Co. LLC
  119 La. 9· S.D. Fla.· 2018-07-10
• OMS Nat'l Ins. v. Turbyfill
  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.
• Addison Ins. Co. v. 4000 Island Boulevard Condo. Ass'n
  S.D. Fla.· 2015-09-01
• Foley v. Civil Action No. 4776-MA
  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
• Bd. OF Trs. OF the Internal Improvement Tr. Fund & The Fla. Dep't of Env't Prot. v. Walton Cnty.
  121 So. 3d 1166· Fla. 1st DCA· 2013-09-23
  The Florida Department of Environmental Protection and Board of Trustees of the Internal Improvement Trust Fund appealed a trial court's decision to retain venue in Leon County for an inverse condemnation lawsuit filed by property owners whose land was affected by a beach restora
• Atef Zakhary, M.D. v. Raymond Thompson PSM, Inc.
  93 So. 3d 1148· Fla. 2d DCA· 2012-08-01
  The Zakharys sued a surveying company for professional malpractice after a negligently prepared survey allegedly caused them economic damages in a dispute with neighbors. The trial court granted summary judgment based on judicial estoppel, reasoning that an earlier settlement enf
• New Jersey v. Delaware
  552 U.S. 597· U.S.· 2008-03-31
  New Jersey may only authorize riparian improvements extending into Delaware's sovereign territory to the extent they are not inconsistent with Delaware's police power.
• Louisiana v. Mississippi
  516 U.S. 22· U.S.· 1995-10-31
  The Court held that the boundary between Louisiana and Mississippi follows the thalweg rule, and the island exception applies, confirming Mississippi's sovereignty over the disputed land which originated from Stack Island.
• Ingram v. Marsh
  517 So. 2d 31· Fla. 5th DCA· 1987-11-05
• ST. JOE Paper Co. v. A.B. Taff & Sons, Inc.
  447 So. 2d 1376· Fla. 1st DCA· 1984-02-09
  St. Joe Paper Company appealed a trial court judgment establishing the boundary between its land and that of A.B. Taff & Sons, Inc. in Gadsden County, Florida. The court determined that the Shelter Survey line, rather than the Flanagan Survey line, marks the true boundary, awardi
• Maude Santore and Salvatore Santore v. LEE
  426 So. 2d 1208· Fla. 4th DCA· 1983-02-09
• South Dakota v. Nebraska
  458 U.S. 276· U.S.· 1982-06-28
  The court decreed that Elk/Rush Island is within the boundary and jurisdiction of Nebraska, and South Dakota ceded any rights to the intervenors.
• Conner v. Barth
  410 So. 2d 193· Fla. 5th DCA· 1982-02-17
  The Florida District Court of Appeal reversed a trial court's judgment regarding the location of a property boundary, finding the record insufficient to determine the correct location of a government lot's corner. The court remanded the case for further proceedings.