Florida Department of Transportation v. Clipper Bay Investments, LLC

160 So. 3d 858, 40 Fla. L. Weekly Supp. 164, 2015 Fla. LEXIS 577, 2015 WL 1379975
CourtSupreme Court of Florida
DecidedMarch 26, 2015
DocketNo. SC13-775
StatusPublished
Cited by13 cases

This text of 160 So. 3d 858 (Florida Department of Transportation v. Clipper Bay Investments, LLC) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Department of Transportation v. Clipper Bay Investments, LLC, 160 So. 3d 858, 40 Fla. L. Weekly Supp. 164, 2015 Fla. LEXIS 577, 2015 WL 1379975 (Fla. 2015).

Opinions

PERRY, J.

The Florida Department of Transportation seeks review of the decision of the First District Court of Appeal in Clipper Bay Investments, LLC v. State Department of Transportation, 117 So.3d 7 (Fla. 1st DCA 2013), on the ground that it expressly and directly conflicts with Florida Department of Transportation v. Dardashti Properties, 605 So.2d 120 (Fla. 4th DCA 1992), on whether exceptions to the Florida Marketable Record Title Act may apply to an estate held in fee by the Florida Department of Transportation. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

OVERVIEW

Clipper Bay Investments, LLC (Clipper Bay) sought to quiet title to a portion of land adjacent to Interstate 10 (1-10) in Santa Rosa County under the Marketable Record Title Act (MRTA). The Florida Department of Transportation (DOT) claimed a fee estate for the purpose of establishing a right-of-way, and argued that, as such, the property was exempt from the MRTA under section 712.03, Florida Statutes (2008). The trial court extinguished a portion of DOT’S estate but not the entire disputed area, and Clipper Bay appealed. The First District Court of Appeal found that DOT failed to present competent, substantial evidence that it maintained a right-of-way and reversed the trial court’s final judgment.

Before this Court, the parties now agree that the exceptions provided in section 712.03 may apply to rights-of-way held in fee. Accordingly, we affirm that portion of the First District’s opinion and disapprove of the conflicting portion of the Fourth District’s decision in Dardashti Additionally, because the plain language of the statute provides that use of any part of the estate shall exempt the whole, and it is undisputed that DOT has leased another portion to Santa Rosa County on which it maintains a county road, we find that the First District erred in finding that DOT failed to provide competent, substantial evidence to support its claim. Accordingly, we quash the First District’s decision with instructions to remand to the trial court for issuance of an order denying Clipper Bay’s action to quiet title and awarding the disputed property to DOT.

STATEMENT OF THE CASE AND FACTS

The First District Court of Appeal summarized the case and underlying facts as follows:

... Clipper Bay Investments, LLC (Clipper-Bay), challenges a portion of a final judgment in a quiet title action concerning seven acres of land in Santa Rosa County. Clipper Bay asserts the trial court erred in extinguishing only a portion of Florida Department of Transportation’s (FDOT) pre-root claim of a fee estate in the land pursuant to the Marketable Record Title Act (MRTA). FDOT asserts that the exception contained in section 712.03(5), Florida Statutes (2008), which preserves easements and rights-of-way, precluded Clipper Bay from extinguishing any portion of FDOT’s interest in the land.
FDOT cross-appeals the quiet title judgment asserting (1) no portion of FDOT’s fee estate could be extinguished [861]*861by operation of MRTA because the deed Clipper Bay relied on as its root of title failed sufficiently to describe the land which was conveyed; (2) MRTA did not extinguish FDOT’s fee estate because a post-root muniment of title in Clipper Bay’s chain of title specifically confirmed FDOT’s estate; and (S) the exception for easements and rights-of-way under section 712.03(5) precluded any portion of FDOT’s estate from being extinguished under MRTA.
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On August 7, 2008, Clipper Bay filed an action to quiet title and ejectment against FDOT and Santa Rosa County. Clipper Bay alleged it acquired the contested seven acres of land in 2006 and 2007. Clipper Bay argued that under MRTA, it was entitled to a marketable title that would extinguish any claims FDOT might have in the land if Clipper Bay could demonstrate a valid title transaction at least thirty years ago that created an estate in its predecessor in interest, also called its “root of title.” Clipper Bay alleged it traced its ownership interest back to a conveyance from Julio DeJoris to Escambia Shores, Inc., recorded on March 17, 1970. Thus, it argued this 1970 deed was its “root of title” as required by MRTA.
FDOT filed an answer and counterclaim for quiet title and ejectment. FDOT alleged the land to which Clipper Bay claimed title was a portion of what FDOT considered part of its Interstate 10 right-of-way. The land at issue does not include the land that lies under Interstate 10 or the immediately adjoining land which has been fenced off by FDOT. Instead, the disputed land lies north of the Interstate 10 fence line. FDOT acquired the land that lies under Interstate 10 and the contested seven acres that lie north of the Interstate 10 fence line through a single recorded deed from Julio DeJoris and others in 1965. FDOT also alleged that it had used • a portion of the contested seven acres during the last thirty years by leasing a portion of it to Santa Rosa County for the purpose of constructing a county road. Therefore, FDOT argued, the entire parcel of land was exempt from MRTA under the right-of-way exception in section 712.03(5). At trial, FDOT entered into evidence an unrecorded FDOT right-of-way map from 1965 to demonstrate that the disputed land was part of the Interstate 10 construction project. Located on the map was a line marked “limited access right of way,” which ran across the northern portion of the disputed seven acres.
However, at trial, Clipper Bay argued FDOT’s right-of-way for Interstate 10 was the interstate and the immediately adjoining fenced area, but that it did not extend into any of the disputed land, which lies north of the Interstate 10 fence line.
After trial, the court issued an order and final judgment finding Clipper Bay established a valid root of title; however, a portion of the land was excepted from the operation of MRTA under section 712.03(5). The trial court quieted title in favor of Clipper Bay for all land “[njorth of the limited access right of way line as shown on the unrecorded right of way map entered into evidence by DOT.” The trial court quieted title in favor of FDOT the land south of the limited access right-of-way line depicted on the unrecorded map. Further, the court awarded to Santa Rosa County fee title for the county road it built across the disputed property pursuant to its lease with FDOT.

Clipper Bay, 117 So.3d at 8-10. The First District reversed, holding:

[862]*862We find no merit in the first two points raised by FDOT in the cross-appeal and affirm without further discussion. In order to resolve the issue on appeal and the third issue on cross-appeal, it is necessary for us to determine whether section 712.03(5) applies to FDOT’s fee estate. We find that it does, but FDOT failed to present competent, substantial evidence that its right-of-way included the land claimed by Clipper Bay.

Id. at 8-9.

DISCUSSION

The issue in this case is whether the Circuit Court of the First Judicial Circuit in and for Santa Rosa County and the First District Court of Appeal properly applied the exception provided in section 712.03, Florida Statutes, to the land held in fee by DOT. The circuit court partially granted Clipper Bay’s petition to quiet title and awarded exclusive use of the property north of DOT’S right-of-way line to Clipper Bay.

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Cite This Page — Counsel Stack

Bluebook (online)
160 So. 3d 858, 40 Fla. L. Weekly Supp. 164, 2015 Fla. LEXIS 577, 2015 WL 1379975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-department-of-transportation-v-clipper-bay-investments-llc-fla-2015.