Jonita, Inc. v. Lewis

• Decision Date: 08 March 1979
• Docket Number: No. II-117,II-117
• Citation: 368 So.2d 114
• Parties: JONITA, INC., Appellant, v. Cecil O. LEWIS et al., Appellees.
• Court: Florida District Court of Appeals

Page 114

368 So.2d 114

JONITA, INC., Appellant, v. Cecil O. LEWIS et al., Appellees.

No. II-117.

District Court of Appeal of Florida, First District.

March 8, 1979.

J. Klein Wigginton and William C. Owen of McClure, Wigginton & Owen, Tallahassee, for appellant.

D. Michael Chesser of Selby & Chesser, Fort Walton Beach, for appellees.

MILLS, Judge.

Lewis and Gillespie brought suit for declaratory judgment and affirmative relief against Jonita.

In Count One, Lewis alleged that he and his wife purchased a golf course lot in Lake Lorraine Estates from Jonita and, as a result of purchasing this lot, acquired by implication the unrestricted view and potential access to the undeveloped area surrounding the golf course. Lewis contended he was entitled to injunctive relief due to Jonita's construction of a fence along its golf course property line to the rear of the Lewises' lot.

In Count II, Lewis and Gillespie sought to have their rights determined with respect to a segment of roadway, known as Entrance Road, which had been closed by Jonita. They asserted that they obtained an easement by implication and that Jonita was estopped from denying them ingress and egress over the closed section of Entrance Road. They sought injunctive relief to require Jonita to open and make passable the section of Entrance Road which was closed. Jonita alleged that the disputed road section had been eroded and washed out by action of the Choctawhatchee Bay and that it was necessary to eliminate access to the road to protect the public from damages and to protect Jonita from liability.

At the conclusion of the trial, Lewis and Gillespie moved to conform all pleadings to the evidence presented. The motion was granted. The trial court entered final judgment granting an easement over the closed section of Entrance Road in favor of Lewis, Gillespie and other subdivision property owners and limiting the height and type of fence which Jonita could construct along the golf course property.

Jonita appealed.

The issues raised by this appeal are as follows:

1. Where subdivision purchasers acquire their property by deeds referring to a recorded plat and thereafter are afforded access to the property by dedicated public roadway as shown on the plat, do the purchasers acquire permanent easement rights over a segment of roadway not shown on the plat by virtue of reliance upon the developers general layout maps and material reflecting the existence of the roadway?

2. Whether the restrictions on the fence ordered and imposed by the trial court were justified?

Jonita is a family corporation with John W. Boyce as President. Jonita is the owner and principal developer of a residential development located east of the community of Shalimar called Lake Lorraine Estates. Jonita also owns the stock of a corporation known as Lake Lorraine Golf and Tennis Club, Inc. (the Club). The Club leases golf course property and grounds from Jonita.

The Road

On 21 November 1967, the plat to Lake Lorraine Estates, the original subdivision, was recorded in the public records. However, Lewis and Gillespie testified that they were given copies of a map when they visited Jonita's office and indicated an interest in the property. A large copy of the map was located on a wall behind the secretary in Boyce's office, the office from which all sales were made. The plat and the map indicate different entrances to the subdivision. The plat indicated the entrance to be by Country Club Road. The map indicated the entrance to be by Entrance Road.

Gillespie testified that at the time he purchased his property and later at the time he finished and moved into his house in November 1968, there was no practical access to his property by regular passenger vehicle other than the bay approach by Entrance Road. Lewis testified that at the time he moved into his house in December 1971, the only paved access to his property was over Entrance Road, the route by the bay.

Both witnesses testified that Country Club Road, at the north of the development, was later extended to the west and then south to the point where it connected with Entrance Road leading from Fourth Avenue. Gillespie testified that his first knowledge of any map showing plans for the extension of Country Club Road west and south was a newspaper ad appearing in October 1968.

Boyce testified that...