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CLIPPER BAY INVS. v. STATE DEPT OF TRANSP.

No. 1D11-5496.

117 So.3d 7 (2013)

CLIPPER BAY INVESTMENTS, LLC, Appellant/Cross-Appellee, v. STATE of Florida DEPARTMENT OF TRANSPORTATION and Santa Rosa County, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied March 22, 2013.

Attorney(s) appearing for the Case

Kenneth B. Bell and William J. Dunaway of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellant/Cross-Appellee.

Gregory G. Costas and Wayne W. Lambert, Jr. , Assistant General Counsels, Department of Transportation, Tallahassee, for Appellees/Cross-Appellants.

WOLF, J.

Appellant, Clipper Bay Investments, LLC (Clipper Bay), challenges a portion of a final judgment in a quiet title action concerning seven acres of land in Santa Rosa County. Clipper Bay asserts the trial court erred in extinguishing only a portion of Florida Department of Transportation's (FDOT) pre-root claim of a fee estate in the land pursuant to the Marketable Record Title Act (MRTA). FDOT asserts that the exception contained in section 712.03(5), Florida...

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