LLB ACQUISITIONS, INC. v. LEMON BAY PROP. OWNERS ASSOC., INC.

No. 98-04577.

752 So.2d 649 (2000)

LLB ACQUISITIONS, INC., Appellant, v. LANDINGS ON LEMON BAY PROPERTY OWNERS ASSOCIATION, INC., Curtis Bjork, Ann Bjork, Mary Markham, Hugh Griffin, Susan Griffin, Robert Spade, Joan Spade, Charles Agerstrand, William McCutcheon, Tom Borer, Judy Borer, Pauline Mc-Intosh, Robert Kirkman, George Simenton, June Shull, Brad Bossman, Henry Welter, Alpha Welter, Jim Smeaton, Dee Smeaton, Don Vogtritter, Anna Vogtritter, Bill Cottingham, Dawn Cottingham, Don Morris, Carol Morris, Marvin Helling, Marcia Helling, Jack Handler, Michael Humenansky, Rosalie Humenansky, Neil Greiser, Jane Greiser, Herman Schoening, Pauline Schoening, Duane Pugh, Marion Pugh, Jack Reiter, Patricia Reiter, William Phillips And Ann Phillips, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 15, 2000.


Attorney(s) appearing for the Case

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Appellant.

Robert L. Moore of Kanetsky, Moore & DeBoer, P.A., Venice, for Appellees.


CAMPBELL, Acting Chief Judge.

This is a dispute over the ownership of certain submerged lands lying beneath the boat docks and mooring spaces adjacent to Landings on Lemon Bay, a condominium complex. Appellant, LLB Acquisitions, Inc. (LLB), argued that it acquired title by way of a mortgage foreclosure on the property, and appellees maintained that they acquired title pursuant to the Declaration of Condominium. The trial court entered summary final judgment in favor...

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