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TOWN OF LAUDERDALE-BY-THE-SEA v. MERETSKY

No. 4D99-4194.

773 So.2d 1245 (2000)

TOWN OF LAUDERDALE-BY-THE-SEA, Florida, a Florida municipal corporation, Appellant, v. Warren MERETSKY and Anne Meretsky, his wife, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 17, 2001.

Attorney(s) appearing for the Case

James A. Cherof, Town Attorney, and Michael D. Cirullo, Jr., Assistant Town Attorney, of Josias, Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, for appellant.

Robert A. Eisen of Law Office of Robert A. Eisen, Boca Raton, for appellees.

HAZOURI, J.

This is an appeal from a final summary judgment rendered by the trial court holding that the appellant, Town of Lauderdale-by-the-Sea (Town), did not abandon, vacate or otherwise convey any portion of a public right-of-way to the appellees, Warren and Anne Meretsky, but also holding that the Town granted the Meretskys a "permissive use" of a portion of the Town's public right-of-way. The Town also appeals from the denial of its motion for summary judgment...

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