CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, APPELLANT,
v.
JOHN G. DUPUIS, JR., APPELLEE
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The Central and Southern Florida Flood Control District appealed a final decree enjoining it from exercising drainage and reclamation rights on the appellee's land. The court reversed the injunction, holding that the District's rights under a valid reservation from the Trustees of the Internal Improvement Fund were enforceable and could not be rendered unenforceable by the lower court decree.
The court reversed the final decree and judgment and dismissed the action, holding that the decree rendered unenforceable the District's valid reservation and rights thereunder, which was in direct conflict with the court's prior pronouncements regarding the validity of such grants.
“The final decree and judgment now up for review in effect rendered unenforceable, if not invalid, the reservation and the rights of the District thereunder. Such conclusion and effect is in conflict with the prior pronouncements of this court.”
The court's primary rationale for reversal: the lower court's decree conflicted with established appellate precedent regarding the validity of the District's reservation rights.
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Join FLexlaw to unlock all legal intelligenceThe District held a reservation in a deed from the Trustees of the Internal Improvement Fund to the plaintiff's predecessor in title, granting the rig…
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The defendant appeals from an adverse final decree and judgment in an action brought by plaintiff to enjoin the Central & Southern Florida Flood Control District from exercising its rights under a certain reservation assigned to it by the Trustees of the Internal Improvement Fund of Florida. The reservation assigned to the District was contained in a deed given by the Trustees to the plaintiff’s predecessor in title and granted the right to the Trustees or their successors at any time to enter upon the land and construct canals, cuts, sluice-ways, dikes and other work necessary to carry out drainage or reclamation.
The validity of these grants was discussed and decided by this court in Albury v. Central & Southern Florida Flood Control District, Fla.App.1958, 99 So.2d 248. We adhered to the Albury decision in two prior appearances of this case in this court. In the first appearance1 the appeal was from a summary final decree in favor of the present appellee. The second appearance 2 was an interlocutory appeal from an order denying the present appellant’s motion to dismiss based upon this court’s decision and mandate in the first appearance wherein we reversed the summary final decree. Due to the limited scope of review occasioned by the interlocutory appeal in the second appearance, the majority of this court were of the view that an affirmance of the order sought to be reviewed was the limit of this court’s jurisdiction of the subject matter. This latter statement is made in the light of the District’s contention, with the concurrence of one member of the court, that the complaint or action should have been dismissed.
The final decree and judgment now up for review in effect rendered unenforceable, if not invalid, the reservation and the rights of the District thereunder. Such conclu*35sion and effect is in conflict with the prior pronouncements of this court.3
Accordingly, the final decree and judgment appealed are reversed and the cause is dismissed.
PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cent. & S. Fla. Flood Control Dist. v. Dupuis, 162 So. 2d 289 (Fla. 3d DCA 1964)…l & Southern Florida Flood Control District v. Dupuis, Fla.App.1958, 105 So. 2d 36; Central & Southern Florida Food Control District v. Dupuis, Fla.App. 1959, 109 So. 2d 596; Central & Southern Florida Flood Control District v. Dupuis, Fla.App.1960, 123 So. 2d 34.…
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Dupuis v. Cent. & S. Fla. Flood Control Dist., 127 So. 2d 679 (Fla. 1961)…Certiorari denied without opinion. 123 So. 2d 34.…
Authorities Cited
- J. P. Ward t/d/b/a Bonded Plumbing & Heating Co. v. Okaloosa Cnty. GAS Dist., 99 So. 2d 248 (Fla. 1st DCA 1957)
- DeWitt Albury and Lois Albury v. Cent. & S. Fla. Flood Control Dist. & Three Bays Improvement Co., 99 So. 2d 248 (Fla. 3d DCA 1957)
- Cent. & S. Fla. Flood Control Dist. v. Dupuis, 105 So. 2d 36 (Fla. 3d DCA 1958)
- Cent. & S. Fla. Flood Control Dist. v. Dupuis, 109 So. 2d 596 (Fla. 3d DCA 1959)