Tassapoulos v. Seaboard Coastline Railroad
353 So. 2d 867
Fla. Dist. Ct. App.
1977
Check Treatment

Lead Opinion

SMITH, Judge.

The record titleholders to certain land in Clay County appeal from a judgment holding that the appellee railroad obtained title by adverse possession, without color of title, to a strip along one boundary of the tract. While the record supports the trial court’s judgment concerning a small parcel actually occupied by the railroad’s roadbed, the record does not support the railroad’s claim to a wider strip parallel to its track, the boundary of which is marked not by a substantial enclosure but only by power poles and lines on appellants’ land. Section 95.18, Florida Statutes (1975); Downing v. Bird, 100 So.2d 57 (Fla.1958). The case will be remanded for entry of a conforming judgment.

REVERSED.

ERVIN, J., concurs. RAWLS, Acting C. J., dissents.



Dissenting Opinion

RAWLS, Acting Chief Judge

(dissenting)

In my opinion, there was competent, substantial evidence to support the trial judge’s finding that appellee Seaboard acquired the disputed property by adverse possession. Kiser v. Howard, 133 So.2d 746 (Fla. 1st DCA 1961).