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RIVER PLACE CONDOMINIUM ASS'N v. BENZING

No. 2D04-1489.

890 So.2d 386 (2004)

RIVER PLACE CONDOMINIUM ASSOCIATION AT ELLENTON, INC., Appellant, v. Irving J. BENZING, Jr., and Anita B. Benzing, Appellees.

District Court of Appeal of Florida, Second District.

December 22, 2004.

Attorney(s) appearing for the Case

Philip E. Perrey of Hamrick, Perrey, Quinlan & Smith, P.A., Bradenton, for Appellant.

John R. Blue and Henry G. Gyden of Carlton Fields, P.A., St. Petersburg, for Appellees.

STRINGER, Judge.

River Place Condominium Association at Ellenton, Inc. ("River Place"), seeks review of the final summary judgment determining that Irving J. Benzing, Jr., and Anita B. Benzing ("the Benzings") are the proper owners of lands formerly submerged beneath the Manatee River and subsequently exposed by dredge and fill activities ("the filled lands"). River Place argues that it is the proper owner under section 253.12(9), Florida Statutes (2003), because...

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