CHACKAL v. STAPLES

No. 4D07-2097.

991 So.2d 949 (2008)

Ralph J. CHACKAL, and his wife, Judy S. Chackal, Appellants, v. Kenneth STAPLES, his wife, Judith Staples; Albert Karnbach, his wife, Kathryn Karnbach; Jacqueline M. Eshelman; Stephen Shulman, his wife, Kim Shulman; Russell Barron; Lila Cobb; Christopher Seay; Lorilla Nolan; Robert D. Barker; Mary J. Nowak; Ann Marie Ferris; Lillian M. Isakov, as Trustee of the Isakov Family Living Trust; David Deaver, his wife, Linda Deaver; Stuart Hecht, his wife, Marjorie Hecht; and The County of Palm Beach, a political subdivision of the state of Florida, by the Board of County Commissioners, Appellees.

District Court of Appeal of Florida, Fourth District.

Order Granting Clarification and Remand October 22, 2008.


Attorney(s) appearing for the Case

Temple Fett Kearns and Alfred A. Lasorte, Jr., of Shutts & Bowen LLP, West Palm Beach, for appellants.

Andrew Pelino, Assistant County Attorney, West Palm Beach, for appellee The County of Palm Beach.


STEVENSON, J.

The Chackals timely appeal the trial court's ruling that a portion of a roadway that borders their property is owned by Palm Beach County pursuant to section 95.361, Florida Statutes (2001). Having carefully considered all of the arguments raised on appeal, we hold that the County has satisfied its statutory burden in all respects as to the majority of the disputed strip, except for the grassy area west of the guardrail. Moreover, we reverse the trial...

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