MONROE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
NEW PORT LARGO, INC., A FLORIDA CORPORATION, APPELLEE
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Monroe County appealed a summary judgment favoring New Port Largo, Inc. in a dispute over ownership of Port Largo Airport property. The county claimed that New Port Largo or its predecessors acquired the land based on representations that they would construct a breakwater, develop an airport, and ultimately donate it to the county. The appellate court reversed, finding material factual disputes precluded summary judgment.
Summary judgment was improper because the record contained conflicting evidence and material factual disputes regarding the construction of the breakwater and airstrip, and the intent of the defendant's predecessor in acquiring and developing the landing strip. The trial court erred in entering summary judgment when genuine issues of material fact existed.
[1] Summary judgment is improper where the pleadings and record reflect issues of material fact.
[2] A summary judgment may not be entered if the record reflects the existence of genuine issues of material fact or raises even the slightest doubt regarding such issues.
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Join FLexlaw to unlock all legal intelligence“It is well settled that summary judgment is improper where the pleadings and record reflect issues of material fact.”
Establishes the legal standard governing when summary judgment is permissible
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Join FLexlaw to unlock all legal intelligenceThe Port Largo Airport property was originally owned by the State of Florida as undeveloped, submerged land. It was subsequently purchased from the st…
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BASKIN, Judge.
Monroe County appeals a summary judgment in favor of defendant, New Port Largo, Inc., in an action seeking a determination that the county is the true owner of the disputed Port Largo Airport property and requesting the imposition of a constructive trust upon the subject property for the benefit of the county. The property was originally owned by the State of Florida as an undeveloped, submerged land parcel. It was subsequently purchased from the state and developed into a landing strip. The landing strip had been operating as a public airport until its acquisition by New Port Largo, Inc. Learning that New Port Largo intended to terminate use of the land as a public airport, the county commenced litigation on the predicate that New Port Largo, or its predecessors in title, acquired title to the land as a result of written and verbal representations that the developer would construct a breakwater, develop the airport and ultimately donate the airport to Monroe County.
It is well settled that summary judgment is improper where the pleadings and record reflect issues of material fact. Levey v. Getelman, 408 So. 2d 668 (Fla. 3d DCA 1981); Pepe v. Shepherd, 422 So. 2d 910 (Fla. 3d DCA 1982); Ultra Marine Corp. v. Bryant, 375 So. 2d 613 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 634 (Fla.1980). Our review of the record reveals the existence of conflicting evidence relating to the circumstances surrounding the construction of the breakwater and airstrip and to the intent of defendant’s predecessor in title in purchasing and developing the landing strip. It is axiomatic that a summary judgment may not be entered if the record reflects the existence of genuine issues of material fact or raises even the slightest doubt regarding such issues. Braun v. Ryder Systems, Inc., 430 So. 2d 567 (Fla. 3d DCA 1983); Dobbs v. Doblitz, 425 So. 2d 1207 (Fla. 4th DCA 1983). Finding that the record discloses the existence of issues of material fact surrounding the purchase and development of the Port Largo Airport property, we hold that the trial court erred in entering summary judgment. Accordingly, we reverse and remand for a trial on the merits.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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New Port Largo, Inc. v. Monroe Cnty., 706 F. Supp. 1507 (S.D. Fla. 1988)
Authorities Cited
- Burton Levey v. Getelman, 408 So. 2d 663 (Fla. 3d DCA 1981)
- Ultra Marine Corp. v. Bryant, 375 So. 2d 613 (Fla. 3d DCA 1979)
- Braun v. Ryder Sys., Inc., 430 So. 2d 567 (Fla. 3d DCA 1983)
- Pepe v. Shepherd, 422 So. 2d 910 (Fla. 3d DCA 1982)
- Dobbs v. Augusta Marie Doblitz, 425 So. 2d 1207 (Fla. 4th DCA 1983)