RIGBY v. LILES

No. BL-86.

505 So.2d 598 (1987)

Marvin Thomas RIGBY, Individually and On Behalf of the Heirs of William Clinton Rigby, Andrew Jackson Rigby, and James Franklin Rigby, Appellants, v. Vernie G. LILES, Adrian L. Lancaster, Marion Gene Liles, and Bass Enterprises Production Co., Appellees.

District Court of Appeal of Florida, First District.

April 10, 1987.


Attorney(s) appearing for the Case

Paul Shimek, Jr., of Shimek & Southerland, Pensacola, for appellants.

Donald H. Partington, of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for appellees.


ZEHMER, Judge.

Marvin Thomas Rigby appeals the dismissal of his three count second amended complaint in a action seeking a declaratory judgment, to quiet title, and the reformation of a deed. He seeks reversal, arguing (1) that the declaratory judgment count stated a cause of action, and (2) that neither the statute of limitations nor the doctrine of laches bars the alleged causes of action to quiet title or reform deeds. We find merit to both arguments and reverse...

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