SEMBLER MARINE PARTNERS, LTD. v. SKIDMORE

No. 4D01-4718.

842 So.2d 1003 (2003)

SEMBLER MARINE PARTNERS, LTD., Appellant, v. Robert J. SKIDMORE, Inc., Angler's Obsession Commercial Fishing Corp., and Reason, Light & Truth Church Foundation, Appellees.

District Court of Appeal of Florida, Fourth District.

April 16, 2003.


Attorney(s) appearing for the Case

Christopher J. Coleman of Schillinger & Coleman, P.A., Melbourne, for appellant.

Neal A. Sivyer and R.J. Haughey, II of Sivyer Barlow & Watson, P.A., Tampa, for Intervenor Presidential Financial Corporation.


WARNER, J.

By declaratory judgment the trial court established a boundary by acquiescence between property owned by appellant and appellee. Appellant challenges the trial court's ruling, claiming that there was insufficient evidence of any mutual uncertainty of the boundary or any agreement as to a boundary line. We conclude that the evidence showed both uncertainty and disagreement, as well as appellant's passive acquiescence to the boundary for the prescriptive...

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