Revels v. Sico, Inc.
| Decision Date | 08 May 1985 |
| Docket Number | No. 84-1670,84-1670 |
| Citation | 10 Fla. L. Weekly 1173,468 So.2d 481 |
| Parties | 10 Fla. L. Weekly 1173 Marie S. REVELS, Appellant, v. SICO, INC., a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
Thomas A. Smith, Tampa, for appellant.
David Hyman, Tampa, for appellee.
Plaintiff appeals a final judgment in her action to quiet title based on adverse possession. We affirm the judgment for defendant.
The property in dispute is a strip of land approximately 26 feet by 492 feet on the border between the property of plaintiff and defendant. Defendant has record title to the property, but plaintiff claims adverse possession by substantial enclosure pursuant to the interpretation of section 95.16, Florida Statutes (1983), in Seddon v. Harpster, 403 So.2d 409 (Fla.1981). Plaintiff claimed that she and her family had mowed the disputed strip over the years, used part of the strip as a driveway, placed a cement driveway pillar on the strip, and maintained the fence which separated the strip from the remainder of defendant's property.
The trial court found that the disputed parcel was never the subject of a hostile claim nor was it substantially enclosed by plaintiff or usually cultivated or improved so as to allow plaintiff's use to ripen into title by adverse possession. We do not conclude that the final judgment was erroneous.
A person claiming adverse possession must show by clear and convincing evidence that his possession was open, continuous, notorious, and hostile, and any doubts must be resolved in favor of the owner of the property. Downing v. Bird, 100 So.2d 57, 64-65 (Fla.1958); Cooper v. Davis, 156 So.2d 169 (Fla. 2d DCA 1963). We cannot...
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Seton v. Swann
...law by at least one district court. See Elizabethan Dev., Inc. v. Magwood, 479 So.2d 251 (Fla. 2d DCA 1985); Revels v. Sico, Inc., 468 So.2d 481 (Fla. 2d DCA 1985). The Setons argue that Seddon controls their case. But as the district court pointed out, the statute analyzed in Seddon was su......
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...owner. Downing v. Bird, 100 So.2d 57 (Fla.1958); Crigger v. Florida Power Corp., 436 So.2d 937 (Fla. 5th DCA 1983); Revels v. Sico, Inc., 468 So.2d 481 (Fla. 2d DCA 1985). It is essential to a finding of adverse possession that the possessor's use not be permissive. Downing; Crigger. Actual......