French v. Youmans

District Court of Appeal of Florida

French v. Youmans

282 So. 2d 642

CourtDistrict Court of Appeal of Florida

DecidedSeptember 14, 1973

DocketNo. 72-169

StatusPublished

This text of 282 So. 2d 642 (French v. Youmans) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

French v. Youmans, 282 So. 2d 642 (Fla. Ct. App. 1973).

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Opinion

MANN, Chief Judge.

Billy’s Creek isn’t where it used tó be, and hasn’t been for about forty years. There is no authority of record for Lee County to employ its first dragline and a couple of WPA crews to straighten it, nor is there any evidence that making a canal out of a creek is an improvement over the design of the Creator. But there it is, flowing freely and creating an occasional legal problem.

In 1970 French took quitclaim deeds to the land between Billy’s Creek Canal, a/k/a Billy’s Creek, and the bed of the original, and this ejectment action followed an unpleasant encounter with Youmans, who thought he owned to whichever Billy’s Creek the water was in. None of French’s predecessors in title seems to have disagreed.

The trial judge’s finding of fact that the new, straighter Billy’s Creek has been acquiesced in as the boundary of lots fronting on Billy’s Creek is amply supported by the record, legally sustained by the Supreme Court’s decision in Palm Orange Groves, Inc. v. Yelvington, Fla.1949, 41 So.2d 883, and is hereby

Affirmed.

LILES, J., and PIERCE, J., (Ret.), concur.

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MANN, Chief Judge.

Billy’s Creek isn’t where it used tó be, and hasn’t been for about forty years. There is no authority of record for Lee County to employ its first dragline and a couple of WPA crews to straighten it, nor is there any evidence that making a canal out of a creek is an improvement over the design of the Creator. But there it is, flowing freely and creating an occasional legal problem.

In 1970 French took quitclaim deeds to the land between Billy’s Creek Canal, a/k/a Billy’s Creek, and the bed of the original, and this ejectment action followed an unpleasant encounter with Youmans, who thought he owned to whichever Billy’s Creek the water was in. None of French’s predecessors in title seems to have disagreed.

The trial judge’s finding of fact that the new, straighter Billy’s Creek has been acquiesced in as the boundary of lots fronting on Billy’s Creek is amply supported by the record, legally sustained by the Supreme Court’s decision in Palm Orange Groves, Inc. v. Yelvington, Fla.1949, 41 So.2d 883, and is hereby

Affirmed.

LILES, J., and PIERCE, J., (Ret.), concur.

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Bluebook (online)

282 So. 2d 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-youmans-fladistctapp-1973.

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