DOROTHY ZEIGLER, ET AL.
v.
GERALD MCGHEE, ET AL.

Fla. 3d DCA | 2026-07-23
No. 2025-1574
Scales, C.J., Bokor, J., Gooden, J., Arzola, J.
2026 FL 9398 Florida District Court of Appeal, Third District (2026)

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Holding

Appellants failed to meet the strict statutory requirements for adverse possession, and all doubts are resolved in favor of the property owner.


Headnotes

[1] Adverse possession requires strict compliance with statutory requirements under Florida law, and all doubts regarding satisfaction of those requirements are resolved in f…

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Key Quotes

“Public policy and stability of our society . . . requires strict compliance with the appropriate statutes by those seeking ownership through adverse possession. . . . Adverse possession is not favored and all doubts are resolved in favor of the owner.”

Court's statement of the governing legal standard for adverse possession claims in Florida

Facts & Procedural History

Appellants sought to establish ownership of property through adverse possession against appellee Gerald McGhee. The trial court rejected their claim.…

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed July 23, 2026.

Not final until disposition of timely filed motion for rehearing.

No. 3D25-1574 Lower Tribunal No. 23-28228-CA-01

Dorothy Zeigler, et al., Appellants,

VS.

Gerald McGhee, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge.

Marva L. Wiley, P.A., and Marva L. Wiley, for appellants.

Quaranta, P.A., and John M. Quaranta, for appellee Gerald Mc Ghee.

Before SCALES, C.J., and BOKOR and GOODEN, JJ.

PER CURIAM.

Affirmed. See Candler Holdings Ltd. I v. Watch Omega Holdings, L.P., 947 So. 2d 1231, 1234–35 (Fla. 1st DCA 2007) (“Public policy and stability of our society . . . requires strict compliance with the appropriate statutes by those seeking ownership through adverse possession. . . . Adverse possession is not favored and all doubts are resolved in favor of the owner. . . . The requirements of the statute and the case law were not met in this case." (quotations omitted)).


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