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Evers v. Department of Agriculture & Consumer Services, Division of Forestry

Citations: 651 So. 2d 802; 1995 Fla. App. LEXIS 2294; 1995 WL 93828Docket: No. 93-4042

Court: District Court of Appeal of Florida; March 8, 1995; Florida; State Appellate Court

Narrative Opinion Summary

This case involves an appeal against a partial summary judgment and final judgment favoring the appellee in a declaratory judgment action concerning property boundaries. The appellee, claiming to be a lessee of state-owned land under a 99-year lease, alleged that the appellants encroached on the property according to a 1984 survey. The appellants contested the survey's accuracy and raised affirmative defenses based on historical boundary agreements and acquiescence. The trial court granted the appellee's motion for partial summary judgment, asserting that a 1938 eminent domain proceeding nullified any prior boundary agreements and that governmental entities could not establish boundaries through acquiescence. However, the court noted unresolved factual disputes regarding the eminent domain procedures, leading the appellate court to reverse the trial court's summary judgment and remand the case for further proceedings. The appellate decision highlighted the necessity for demonstrating the absence of material factual disputes in summary judgment proceedings. The identities of the appellants as adjoining landowners were acknowledged, but other appeal issues were not addressed due to the reversal.

Legal Issues Addressed

Boundary Disputes and Eminent Domain

Application: The trial court held that the government's acquisition of property through eminent domain nullified any prior boundary agreements.

Reasoning: It concluded that the United States acquired title to the property through eminent domain in 1938, which negated any boundary agreements made by previous titleholders.

Government Immunity from Boundary Acquiescence

Application: The appellee argued that as a governmental entity, it could not establish boundaries through agreement or acquiescence.

Reasoning: The appellee filed a motion for summary judgment, asserting that a 1938 eminent domain proceeding nullified any prior boundary agreements and that as a governmental entity, it could not establish boundaries through agreement or acquiescence.

Material Factual Disputes in Summary Judgment

Application: The appellate court emphasized the necessity for a party seeking summary judgment to show the absence of any material factual disputes.

Reasoning: The ruling emphasized the requirement for a party seeking summary judgment to demonstrate the absence of any material factual disputes, with all reasonable inferences drawn in favor of the opposing party.

Premature Summary Judgment

Application: The appellate court found that the trial court issued a summary judgment prematurely, without resolving disputed material factual issues.

Reasoning: The court found that the summary judgment was issued prematurely, leading to a reversal and remand.