Mainor v. Hobbie

District Court of Appeal of Florida

Mainor v. Hobbie

238 So. 2d 499, 1970 Fla. App. LEXIS 6015

CourtDistrict Court of Appeal of Florida

DecidedAugust 20, 1970

DocketNo. M-371

StatusPublished

This text of 238 So. 2d 499 (Mainor v. Hobbie) 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.

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Mainor v. Hobbie, 238 So. 2d 499, 1970 Fla. App. LEXIS 6015 (Fla. Ct. App. 1970).

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Opinion

PER CURIAM.

This appeal questions the correctness of a summary judgment rendered in favor of appellees.

The sole issue raised by the pleadings is whether the original owners and developers of a subdivision effectively dedicated to public use an irregular strip of land lying between a parcel of land owned by appellants and the waters of Black-water Bay in Santa Rosa County. A careful examination of the record on appeal conclusively establishes the absence of any genuine triable issue of a material fact and that appellees were entitled to judgment as a matter of law. The judgment appealed is accordingly affirmed. Florida State Turnpike Authority v. Michael Baker, Jr., Inc., (Fla.App.1963) 156 So.2d 198; Pass v. Friedman, (Fla.App.1962) 140 So.2d 883; Osborne v. Shell Oil Company, (Fla.App.1958) 104 So.2d 670; Tooke v. Fosgate Citrus Concentrate Co-operative, (Fla.1956) 85 So.2d 828.

CARROLL, DONALD K., Acting C. J., and WIGGINTON, and RAWLS, JJ., concur.

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PER CURIAM.

This appeal questions the correctness of a summary judgment rendered in favor of appellees.

The sole issue raised by the pleadings is whether the original owners and developers of a subdivision effectively dedicated to public use an irregular strip of land lying between a parcel of land owned by appellants and the waters of Black-water Bay in Santa Rosa County. A careful examination of the record on appeal conclusively establishes the absence of any genuine triable issue of a material fact and that appellees were entitled to judgment as a matter of law. The judgment appealed is accordingly affirmed. Florida State Turnpike Authority v. Michael Baker, Jr., Inc., (Fla.App.1963) 156 So.2d 198; Pass v. Friedman, (Fla.App.1962) 140 So.2d 883; Osborne v. Shell Oil Company, (Fla.App.1958) 104 So.2d 670; Tooke v. Fosgate Citrus Concentrate Co-operative, (Fla.1956) 85 So.2d 828.

CARROLL, DONALD K., Acting C. J., and WIGGINTON, and RAWLS, JJ., concur.

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238 So. 2d 499, 1970 Fla. App. LEXIS 6015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mainor-v-hobbie-fladistctapp-1970.

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