Florida District Courts of Appeal, 1970

Mainor v. Hobbie

Mainor v. Hobbie
Florida District Courts of Appeal · Decided August 20, 1970 · Carroll, Donald, Rawls, Wigginton
238 So. 2d 499; 1970 Fla. App. LEXIS 6015 (Southern Reporter, Second Series)

Mainor v. Hobbie

Opinion of the Court

PER CURIAM.

This appeal questions the correctness of a summary judgment rendered in favor of appellees.

The sole issue raised by the pleadings is whether the original owners and developers of a subdivision effectively dedicated to public use an irregular strip of land lying between a parcel of land owned by appellants and the waters of Black-water Bay in Santa Rosa County. A careful examination of the record on appeal conclusively establishes the absence of any genuine triable issue of a material fact and that appellees were entitled to judgment as a matter of law. The judgment appealed is accordingly affirmed. Florida State Turnpike Authority v. Michael Baker, Jr., Inc., (Fla.App. 1963) 156 So.2d 198; Pass v. Friedman, (Fla.App. 1962) 140 So.2d 883; Osborne v. Shell Oil Company, (Fla.App. 1958) 104 So.2d 670; Tooke v. Fosgate Citrus Concentrate Co-operative, (Fla. 1956) 85 So.2d 828.

CARROLL, DONALD K., Acting C. J., and WIGGINTON, and RAWLS, JJ., concur.

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