5F, LLC v. Dresing
142 So. 3d 936
| Fla. Dist. Ct. App. | 2014Background
- Robert and Sarah Dresing (and Northern Trust as trustee) own adjacent lots to mean high water in Boca Grande Isles; 5F, LLC owns the adjoining submerged land.
- The Dresings obtained Lee County permits in March 2010 and built a pier extending onto the submerged land; county inspected and approved the completed structure in December 2010.
- 5F (which acquired the submerged parcel in 2011 from predecessors who had earlier taken the land from the State) first objected by letter in July 2011 and sued in August 2012 for declaratory relief, ejectment, trespass, and damages.
- The Dresings asserted a common-law riparian right to “wharf out,” and affirmative defenses including collateral estoppel, equitable estoppel, and balancing of conveniences.
- The trial court granted final summary judgment for the Dresings, holding (1) riparian owners have a common-law qualified right to construct the pier and (2) 5F was collaterally estopped by prior litigation; the Second District affirmed on the riparian-right ground but rejected collateral estoppel.
Issues
| Issue | Plaintiff's Argument (5F) | Defendant's Argument (Dresing) | Held |
|---|---|---|---|
| Whether riparian owners have common-law right to construct a pier on submerged land privately owned abutting their upland | No free-standing common-law right to wharf out onto privately owned submerged land; at most state permission controls | Riparian owners have a qualified common-law right to wharf out to navigable waters (subject to public trust and permits) | Held: Riparian owners have a qualified common-law right to construct piers/wharves onto submerged lands to navigability (not beyond low-water line), subject to public rights and regulation |
| Whether collateral estoppel bars 5F's suit based on prior litigation involving 5F's predecessor | Prior adverse rulings against predecessor should preclude relitigation | Dresings were not parties nor in privity with prior litigants; mutuality absent | Held: Collateral estoppel inapplicable — mutuality of parties required; narrow exceptions not present |
| Scope limitation: whether right extends beyond low-water mark or overrides public trust | If at all, limited by public trust and state regulatory authority; cannot wharf beyond public rights | Right permits wharfing to navigability but not beyond low-water line; still subordinate to public trust and permitting | Held: Right is qualified and subordinate; cannot extend beyond low-water line or impair public rights |
| Effect of permits and timeliness of objection by submerged-land owner | 5F argues its ownership allows relief despite permits | Dresings point to county permits and 5F’s delay/laches; permits indicate regulatory compliance | Court: Permits and failure to timely object weigh in favor of Dresings; public trust/regulation remains controlling but 5F’s late challenge insufficient here |
Key Cases Cited
- Hayes v. Bowman, 91 So. 2d 795 (Fla. 1957) (riparian rights protect ingress/egress and must be preserved over areas toward channel; interplay with privately held submerged lands)
- Williams v. Guthrie, 137 So. 682 (Fla. 1931) (riparian owners may construct wharves to reach navigable water absent sovereign objection or statute)
- Freed v. Miami Beach Pier Corp., 112 So. 841 (Fla. 1927) (recognizes qualified right of riparian owners to erect wharves subject to state regulation and public rights)
- Brickell v. Trammell, 82 So. 221 (Fla. 1919) (state holds title to beds of navigable waters in trust; riparian ownership defined to high-water mark)
- Ferry Pass Inspectors' & Shippers' Ass'n v. White's River Inspectors' & Shippers' Ass'n, 48 So. 643 (Fla. 1909) (detailed statement of common-law riparian rights, including wharfing privileges)
- Thiesen v. Gulf, Florida & Alabama Railway Co., 78 So. 491 (Fla. 1917) (distinguishes riparian rights to wharf out beyond low-water mark; statutory and common-law limits)
- Belvedere Development Corp. v. Dep't of Transp., 476 So. 2d 649 (Fla. 1985) (recognizes riparian right "to wharf out to navigability")
- Walton Cnty. v. Stop the Beach Renourishment, Inc., 998 So. 2d 1102 (Fla. 2008) (lists common-law riparian rights, including access and unobstructed view; cites right to erect wharves)
- Brannon v. Boldt, 958 So. 2d 367 (Fla. 2d DCA 2007) (implied easements for access include right to build a dock if permitted by law)