BENTZ v. McDANIEL

No. 5D03-1898.

872 So.2d 978 (2004)

James J. BENTZ and Eileen Bentz, Appellant, v. Carroll McDANIEL and Melvene J. McDaniel, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

May 7, 2004.


Attorney(s) appearing for the Case

Michael W. Youkon, Port Orange, for Appellant.

Fred A. Morrison of McLin & Burnsed, P.A., Leesburg, for Appellee.


SMITH, MAURA A., Associate Judge.

Appellants seek review of a final judgment which extinguished their easement due to the appellees' adverse possession, and granted quiet title to appellees. We conclude that there was no clear and convincing proof that appellees adversely possessed the disputed parcel of property. Likewise there was no competent evidence to establish the affirmative defense that the easement did not extend to the river. Therefore, we reverse the final...

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