JACK DEFOREST ABERCROMBIE, APPELLANT,
v.
OLGA LENCHUK ABERCROMBIE, APPELLEE

Fla. 1st DCA | 1963-10-03
No. E-146
STURGIS, C. J., and WIGGINTON and CARROLL, DONALD K., JJ., concur.
156 So. 2d 690 Florida District Court of Appeal, First District (1963) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause having been orally argued before the court, the briefs and record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the decree of the lower court hereby appealed is affirmed.

STURGIS, C. J., and WIGGINTON and CARROLL, DONALD K., JJ., concur.


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  • Broward Cnty. v. Lerer, 203 So. 2d 672 (Fla. 4th DCA 1967)
    …ably. A plat is a written instrument and must be construed as a whole. Every part is to be given effect and construed fairly and reasonably if we are to determine the intention of the dedicator. North Lauderdale Corporation v. Lyons, Fla.App. 1963, 156 So. 2d 690. If the allegations of plaintiffs’ complaint when considered as a whole are taken as true it is apparent that they have at least alleged a bona fide controversy such as entitles them to a declaration of rights under F.S.A. ch. 87. Johnson v. Thobur…
  • …tility” as used in the easement could be considered ambiguous, I would apply the well-settled axiom that ambiguous language in a plat must be construed against the developer who created it and in favor of the public. North Lauderdale Corp. v. Lyons, 156 So. 2d 690 (Fla. 2d DCA 1963). See Servando Building Co. v. Zimmerman, 91 So. 2d 289 (Fla. 1956) (en banc); Coffman v. James, 177 So. 2d 25 (Fla. 1st DCA 1965). It is within the public interest to allow Americable use of the platted easement to provide valuabl…
  • Reynolds v. Cnty. OF Volusia, 659 So. 2d 1186 (Fla. 5th DCA 1995)
    …23 So. 2d 350 (Fla. 4th DCA 1969). . Brickell v. Town of Ft. Lauderdale, 75 Fla. 622, 628, 78 So. 681, 683 (1918). . City of Daytona Beach v. Tuttle, 630 So. 2d 586 (Fla. 5th DCA 1993); Bonifay, 459 So. 2d at 1094; North Lauderdale Corp. v. Lyons, 156 So. 2d 690 (Fla. 2d DCA 1963). .Compare City of Tarpon Springs v. Smith, 81 Fla. 479, 88 So. 613 (1921).…

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