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CITY OF PENSACOLA v. CAPITAL REALTY HOLDING CO., INC.

No. AF-45.

417 So.2d 687 (1982)

The CITY OF PENSACOLA, a Municipal Corporation, Appellant, v. CAPITAL REALTY HOLDING COMPANY, INC., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 20, 1982.

Attorney(s) appearing for the Case

John W. Fleming, Pensacola, for appellant.

Charles J. Kahn, Jr. and Richard P. Warfield of Levin, Warfield, Middlebrooks, Mabie & Magie, P.A., Pensacola, for appellee.

SHAW, Judge.

This controversy originated as a collateral issue in an eminent domain proceeding in which the trial court found that Capital Realty was the owner of an accreted strip of land. The order was appealed, and this court found that there was insufficient evidence to support Capital's claim that the City's record title was defeated by the doctrine of accretion. The order was reversed and remanded for proceedings consistent with the appellate court's opinion...

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