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KIRK v. KENNEDY

No. 69-400.

231 So.2d 246 (1970)

Claude R. KIRK, Jr.; Fred O. Dickinson; Broward Williams; Earl Faircloth; Doyle Conner; Tom Adams and Floyd Christian, As and Constituting the Trustees of the Internal Improvement Fund of the State of Florida, Appellants, v. John Scott KENNEDY and Mildred B. Kennedy, His Wife; and Frank M. George, Jr., and Margaret C. George, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

February 6, 1970.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., T.T. Turnbull, Chief Trial Counsel, and P.A. Pacyna, Asst. Atty. Gen., Tallahassee, for appellants.

H.H. Baskin, Sr., and H.H. Baskin, Jr., of Cooper, Rives & Baskin, Clearwater, for appellees.

HOBSON, Chief Judge.

This is an interlocutory appeal whereby the appellants appeal an order denying their motion to dismiss the appellees' amended complaint. Appellees' amended complaint seeks to quiet title in the appellees to certain upland beach property which had accreted in front of and appurtenant to the appellees' respective homes. Appellants filed their answer and affirmative defenses and prayed that title to the accretions be quieted in the name of the appellants...

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