BIRTLEY v. FERNANDEZ CO.

No. 80-21.

392 So.2d 291 (1980)

Irving T. BIRTLEY and Jessie L. Birtley, Husband and Wife, Appellants, v. FERNANDEZ COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 13, 1981.


Attorney(s) appearing for the Case

Nord L. Johnson of Rano, Cauvel & Johnson, P.A., Deland, for appellants.

William A. Spence, Ormond Beach, and Richard R. Cook, Daytona Beach, for appellee.


DAUKSCH, Chief Judge.

This is an appeal of final judgment which found that appellants had failed to meet the requisite burden of proof to prove adverse possession. We find that there was clear and convincing proof that appellants adversely possessed that portion of the disputed parcel of property south of a line described by appellee's witness, Mr. Feasel. Therefore we reverse the final judgment and remand the cause to the trial court.

A pre-emptive acquisition...

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