AMOS L. LEE AND HIS WIFE, MARY SUE LEE, APPELLANTS,
v.
CALHOUN COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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The trial court properly found that Calhoun County's continuous maintenance of a dirt road on the Lees' property for over four years established the road as a county road under Florida Statutes section 95.361, and the judgment is affirmed subject to correction of a directional error in the legal description.
A road constructed and continuously maintained by a county for four years is deemed dedicated to the public under section 95.361, Florida Statutes, regardless of formal establishment as a public highway.
[1] A road constructed by a county and continuously maintained or repaired for four years without interruption is deemed dedicated to the public to the extent of its actual w…
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Join FLexlaw to unlock all legal intelligenceThe Board of County Commissioners of Calhoun County constructed a dirt road on the Lees' property and has continuously maintained it. The trial court …
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WIGGINTON, Judge.
The Lees appeal a final judgment wherein, the trial court found that the Board of County Commissioners of Calhoun County had constructed a dirt road upon the Lees’ property and has since maintained the road, and therefore that the road is a county road pursuant to section 95.361, Florida Statutes.1 We hold that the trial court’s findings and conclusions are based on competent and substantial evidence and affirm the final judgment. However, during oral argument it was discovered by the parties that an error existed in the legal description of the road contained in the final judgment. Accordingly, we REMAND the final judgment to the trial court to correct the last phrase of the description reading, “thence West back to the Point of Beginning,” to read instead, “thence East back to the Point of Beginning.”
JOANOS and BARFIELD, JJ., concur. . Section 95.361(1), entitled "Roads presumed to be dedicated,” provides:
[W]hen a road, constructed by a county, ... has been maintained or repaired continuously and uninterruptedly for 4 years by the county ... the road shall be deemed to be dedicated to the public to the extent in width that has been actually maintained for the prescribed period, whether the road has been formally established as a public highway or not....
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