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MORGAN v. CANAVERAL PORT AUTHORITY

No. 1012.

202 So.2d 884 (1967)

James C. MORGAN and Mary Jane Morgan, His Wife, Florida Unlimited, Inc., a Florida Corporation, Mildred J. Leyda, a Single Woman, Donald F. Leyda and Kathleen M. Leyda, His Wife, and Joseph C. Hamilton and Helen E. Hamilton, His Wife, Appellants, v. CANAVERAL PORT AUTHORITY, a Quasi-Public Corporation Existing under the Laws of the State of Florida, A.A. Dunn, R.A. Cutter, John Z. D'Albora, Jr., Roderick S. McIver and Kelly L. Brinson, Constituting and Composing the Board of Commissioners of the Canaveral Port Authority, Appellees.

District Court of Appeal of Florida, Fourth District.

October 11, 1967.

Attorney(s) appearing for the Case

Ernest R. Drosdick, of Anderson, Rush, Dean & Lowndes, Orlando, for appellants.

Edward M. Jackson, of Jackson & Jackson, Cocoa, for appellees.

McCAIN, Judge.

The appellants, plaintiffs below, appeal from a dismissal with prejudice of their third amended complaint which sought to void a deed from the Trustees of the Internal Improvement Fund of the State of Florida to the appellees, defendants below, conveying certain submerged and sovereignty lands in the Banana River. The trustees were not parties to this cause.

The submerged lands in dispute abut the channel of the Banana River on one side and...

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