Siesta Properties, Inc. v. Hart

122 So. 2d 218, 1960 Fla. App. LEXIS 2319
CourtDistrict Court of Appeal of Florida
DecidedJuly 6, 1960
Docket918
StatusPublished
Cited by16 cases

This text of 122 So. 2d 218 (Siesta Properties, Inc. v. Hart) 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
Siesta Properties, Inc. v. Hart, 122 So. 2d 218, 1960 Fla. App. LEXIS 2319 (Fla. Ct. App. 1960).

Opinion

122 So.2d 218 (1960)

SIESTA PROPERTIES, INC., Appellant,
v.
Louis C. HART, Irene Hart et al., Appellees.

No. 918.

District Court of Appeal of Florida. Second District.

July 6, 1960.
Rehearing Denied August 2, 1960.

*219 Williams, Parker, Harrison & Dietz, Sarasota, for appellant.

Thomas W. Butler, Sarasota, for appellees, R.A. Holman and wife, Mary Holman, and Robert E. Graetz and wife, Gertrude E. Graetz.

Burket, Burket & Smith, Sarasota, for appellee, Alice W. Beebe.

Evans, Glenn & Kreag, Sarasota, for appellee, Elizabeth Hulda Peppe.

SEBRING, HAROLD L., Associate Judge.

Siesta Key, Inc., the plaintiff below, has taken this appeal from a final decree dismissing its amended complaint in a suit instituted to quiet the title to certain lands claimed by the plaintiff. The defendants have filed cross assignments of error questioning certain adverse rulings in the decree.

The basic facts of the case are these: Siesta Key is an off-shore island in Sarasota County, Florida, situated westwardly of the mainland. Between the island and the mainland is Little Sarasota Bay. West of the southerly portion of Siesta Key and extending southward was a narrow elongated island, known as Casey Key, which, prior to 1918, was some 12 or 14 miles in length. Separating Siesta Key from Casey Key was a narrow body of tidal water, known as Little Sarasota Pass, which connected, off the southerly tip of Siesta Key, with Little Sarasota Bay, and opened into the Gulf of Mexico, at its northerly end, through a narrow tidal channel known as Little Sarasota Inlet.

During a heavy gale in 1918, the waters of the Gulf of Mexico broke through Casey Key and into Little Sarasota Bay at a point south of the southerly tip of Siesta Key, thus creating a direct channel for the flow of Gulf waters into and out of Little Sarasota Bay.

Heavy washing of sand and soil by gale winds that hit the area in 1921 almost closed Little Sarasota Inlet, and shortly after the storm artificial filling of the Inlet by adjacent property owners completely closed it. Thus, Casey Key, which prior to 1921 had been an island, thereupon became a narrow peninsula some 3 miles in length, extending from its point of attachment with Siesta Key on the north to the 1918 breakthrough, known as Midnight Pass, on the south.

The plaintiff, or its predecessor in title, claimed fee-simple ownership of a tract of land on Casey Key which was situated approximately midway between the northern tip and the southern tip of the peninsula. The property ran from the Gulf of Mexico, on the west, to Little Sarasota Pass, on the east, and riparian rights were claimed by the plaintiff on both bodies of water. The defendants, or their predecessors in title, were fee-simple owners of properties on Siesta Key which were situated directly *220 across Little Sarasota Pass from the property claimed by the plaintiff. These properties ran from Little Sarasota Bay, on the east, to Little Sarasota Pass, on the west, and the defendants claimed riparian rights on both bodies of water.

A severe hurricane struck the area on the night of September 18, 1926. The following morning, when the winds had subsided to the point that an inspection could be made, it was found that the waters of Little Sarasota Pass, in front of defendants' lands, had been completely replaced during the night by soil deposits extending westwardly from the defendants' westerly shore lines on Little Sarasota Pass out to the open waters of the Gulf of Mexico. North of the northern boundary line of defendants' properties, Little Sarasota Pass had become an enclosed lake bounded on the west by the northern portion of Casey Key, on the east by the westerly shore line of a portion of Siesta Key and on the south by the lands that had filled a portion of Little Sarasota Pass during the night. While Little Sarasota Pass, south of the southerly line of defendants' properties, still remained a part of Little Sarasota Bay, it was now bounded on the east by the southerly portion of Siesta Key, on the west by the southerly portion of Casey Key and on the north by the soil that had been deposited on the westerly shore line of defendants' properties.

The present suit was instituted by the plaintiff against the defendants in 1955. In the complaint, as amended, the plaintiff alleged that it was the owner in fee-simple absolute of a certain tract of land in Sarasota County, Florida, described as U.S. Government Lot 5, Section 32, Township 37 South, Range 18 East (less a certain portion of Lot 5 not involved here); that the lands were wild, unimproved and unoccupied; that title to the property was acquired by plaintiff from one E.S. Boyd, individually and as trustee, and his wife Helen Boyd, by warranty deed duly executed and delivered on March 18, 1946; that plaintiff's property, together with certain lands to the north and south of said property originally constituted a part of an island known as Casey Key, lying between the Gulf of Mexico on the west and Little Sarasota Pass on the east; that defendants' properties were located on an island known as Siesta Key and were originally bounded on the west by Little Sarasota Pass; that over the years, as the result of shifting sands caused by the action of tides, winds and storms, a portion of Casey Key on which a part of the plaintiff's property opposite the defendants' properties was located, without ever losing its identity as such, gradually moved easterly across Little Sarasota Pass and eventually joined with Siesta Key and thus completely closed Little Sarasota Pass along its entire area adjacent to the properties of the defendants; that when Boyd, plaintiff's predecessor in title, acquired title to the property claimed by the plaintiff it was completely connected with the parcels of land owned by the defendants on Siesta Key, and was completely "high and dry, bounded by high and dry land on the east, north, and south, and bounded by the Gulf of Mexico on the west"; that none of the defendants was in possession of any portion of the plaintiff's property nor did they claim title to any portion of U.S. Government Lot 5, as such, but based their respective claims to plaintiff's property as accretions to their own lands lawfully acquired by deed; that the property claimed by plaintiff was not an accretion to any portion of defendants' properties but the joinder of plaintiff's property with the adjacent property on Siesta Key had been effected by the gradual moving eastward of Casey Key until plaintiff's lands had become attached to the westerly shore lines of the defendants' properties.

The prayer of the amended complaint was that a final decree be entered in which the plaintiff be decreed to be the owner in fee simple of the property claimed and that the title of plaintiff thereto be forever *221 quieted and confirmed as against any and all right, title, claim or interest of the defendants, and all persons claiming by, through or under them.

The defendants filed answers to the amended complaint in which they denied that the land claimed by the plaintiff was wild, unoccupied and unimproved, denied that the island on which the lands were situated had "gradually moved over" from its original site until it had become annexed to the properties of the defendants, and asserted the defense of adverse possession by occupation of the property as a beach, swimming, picnicking and fishing area for a continuous period of more than 7 years, and by the payment of taxes, and the defenses of estoppel and laches.

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Cite This Page — Counsel Stack

Bluebook (online)
122 So. 2d 218, 1960 Fla. App. LEXIS 2319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siesta-properties-inc-v-hart-fladistctapp-1960.