Florida District Courts of Appeal, 1995

Hale v. Tharp

Hale v. Tharp
Florida District Courts of Appeal · Decided September 27, 1995 · Booth, Mickle, Miner
667 So. 2d 314; 1995 Fla. App. LEXIS 10218; 1995 WL 566589 (Southern Reporter, Second Series)

Hale v. Tharp

Opinion of the Court

PER CURIAM.

The instant case involves a dispute over a deed, property boundaries, and conflicting land surveys. In the findings of fact of the order on appeal, the trial court specifically states that no judicial determination regarding the accuracy of either of the two land surveys has been made. The transfer of property awarded in the order, however, is based on one of the surveys. The attorneys *315erroneously argued below that a decision as to which survey was correct could be made later. On the facts of the instant case, it is clear that this determination is essential to determining what relief, if any, is warranted. The cause is therefore reversed and remanded for further proceedings consistent with this opinion.

BOOTH, MINER and MICKLE, JJ., concur.

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