Narrative Opinion Summary
The case involves an appeal by L.A.M.A. Land Management, L.C. against an order granting title to a property in Marathon, Florida, to Jose L. Ferro and Martha Lopez under section 253.12(9) of the Florida Statutes and adverse possession. Ferro acquired Lot 22 in 2002, but L.A.M.A., which owns nearby upland lots and adjacent bay bottom since 1999, contested this claim. The court reversed the trial court’s ruling, finding Ferro failed to comply with the statutory requirements for adverse possession as he did not file the necessary return with the county property appraiser within one year of possession, a critical requirement under Florida Statutes § 95.18(1). Additionally, Ferro's claim under section 253.12(9) was dismissed because he did not possess a colorable claim to the filled lands, and the legal title was held by others at the time of acquisition. The appellate court emphasized the necessity of adhering to statutory mandates for adverse possession, ultimately ruling in favor of L.A.M.A. and against Ferro and Lopez.
Legal Issues Addressed
Adverse Possession Without Color of Title Under Florida Statutes § 95.18(1)subscribe to see similar legal issues
Application: The court found that Ferro's adverse possession claim failed because he did not file a return with the county property appraiser within one year of taking possession, as required by the statute.
Reasoning: Under Florida Statutes § 95.18(1), to establish adverse possession, an individual must occupy the property for seven years under a claim of title exclusive of other rights, without a written instrument. Additionally, they must file a return with the county property appraiser within one year of taking possession and pay all applicable taxes and liens.
Application of Section 253.12(9) of Florida Statutessubscribe to see similar legal issues
Application: The court ruled that section 253.12(9) did not apply to Ferro's claim, as he did not demonstrate a colorable claim to the filled lands nor did he have record title.
Reasoning: Key statutes indicate submerged lands are vested in the Trustees, and section 253.12(9) applies only to parties with colorable claims to filled lands.
Requirements for Adverse Possession Claimsubscribe to see similar legal issues
Application: Ferro's claim was unsuccessful due to the absence of clear and convincing evidence and the failure to meet statutory requirements for adverse possession.
Reasoning: L.A.M.A. argues that Ferro failed to provide clear and convincing evidence for an adverse possession claim without color of title, and the court agrees.