MARSHALL v. JOHNSON

No. 56559.

392 So.2d 249 (1980)

Frank MARSHALL and Wife, Dorothy N. Marshall, and Campers and Hunters, Inc., Petitioners, v. Billy JOHNSON and Wife, Martha E. Johnson; Gerhard P. Hoer and Wife, Martina F. Hoer, Respondents.

Supreme Court of Florida.

Rehearing Denied January 28, 1981.


Attorney(s) appearing for the Case

W. Christopher Hart of Clark, Partington, Hart & Hart, Pensacola, for petitioners.

Louis F. Ray, Jr., Pensacola, for respondents.


SUNDBERG, Chief Justice.

This case involves a boundary dispute between adjoining property owners arising from ambiguous deeds from their common grantor. The trial court decided in favor of petitioners but the judgment was reversed on appeal to the District Court of Appeal, First District. Johnson v. Marshall, 382 So.2d 706 (Fla. 1st DCA 1979). We hold that the district court improperly substituted its judgment for that of...

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