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BD. OF TR. OF INT. IMP. TR. FUND v. BARNETT

No. 88-578.

533 So.2d 1202 (1988)

BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND OF the STATE OF FLORIDA, Appellant, v. Mark BARNETT, f/k/a Mark Bartecki, and Lynn H. Kephart, Individually, and Spoonbill Sound, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

November 22, 1988.

Attorney(s) appearing for the Case

Ross Stafford Burnaman, Asst. Gen. Counsel, State of Fla., Dept. of Natural Resources, Tallahassee, for appellant.

Morgan & Hendrick and James T. Hendrick, Key West, for appellees.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, plaintiff below, appeals from a summary judgment entered by the circuit court of Monroe County in favor of Mark Barnett, f/k/a Mark Bartecki, Lynn H. Kephart, and Spoonbill Sound, Inc. The circuit court determined that the appellees, defendants below, were entitled to judgment as a matter of law, based upon the following findings of fact and conclusions of law:

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