CITY OF DADE CITY v. SIMPSON

No. 72-661.

290 So.2d 530 (1974)

DADE CITY, Florida, a Florida Municipal Corporation, Appellant, v. Lillie M. SIMPSON, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 21, 1974.


Attorney(s) appearing for the Case

A.P. Gibbs and George Dayton of Dayton, Peel & Gibbs, Dade City, for appellant.

Robert D. Sumner of Sumner & Tyner, Dade City, for appellee.


McNULTY, Acting Chief Judge.

In this inverse condemnation suit, appellee Mrs. Simpson seeks compensation for a road "taken" by the city for public use. From an adverse judgment after a non-jury trial the city appeals.

Appellee acquired title by deed to the land through which the subject road passes; but the deed expressly excluded "all roads and streets" from the description of the lands otherwise conveyed thereby. It's undisputed at this juncture that at...

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