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STATE ROAD DEPARTMENT v. KILGORE

No. 74-139.

300 So.2d 734 (1974)

STATE ROAD DEPARTMENT of the State of Florida, Appellant, v. Sidney L. KILGORE, Appellee.

District Court of Appeal of Florida, Second District.

October 2, 1974.

Attorney(s) appearing for the Case

Geoffrey B. Dobson, Gen. Counsel, and Barbara A. Dell McPherson, Atty., Dept. of Trans., Tallahassee, for appellant.

Winifred J. Sharp, Johnson, Motsinger, Trismen & Sharp, Orlando, for appellee.

PER CURIAM.

During the course of the trial of this cause, counsel for appellee stipulated that appellee was not claiming any title to that half of Park Drive as platted immediately adjacent to appellant's maintenance yard in Bonaire Heights. The trial court therefore erred in quieting title to that half of Park Drive in favor of appellee.

The cause is remanded with direction to the trial court to modify its judgment to exclude the one-half of Park Drive as...

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