WARD v. STATE, DEPT. OF TRANSP.

No. 91-194.

584 So.2d 25 (1991)

Virginia P. WARD, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 23, 1991.


Attorney(s) appearing for the Case

Carlton, Fields, Ward, Emmanuel, Smith & Cutler and Peter J. Winders and Willa C. Broughton, Tampa, for appellant.

Gregory G. Costas, Tallahassee, for appellee.

Before HUBBART, COPE and GODERICH, JJ.


PER CURIAM.

Virginia Ward appeals an adverse summary judgment determining ownership of real property situated in Marathon, Florida. We reverse.

The Florida Department of Transportation brought an action to determine title to a portion of a parcel of real property owned by Ward. The Department contended that a portion of the right-of-way of old State Road 4A was situated on a portion of the parcel in question. The Department asserted that under section 95.361...

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