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837 So. 2d 512

Crooms v. Crawford

District Court of Appeal of Florida

Decided January 24, 2003

District Court of Appeal of Florida · decided 2003-01-24

Relies on 438 So. 2d 456 - Holland v. Hattaway

Decided 2003-01-24

COVINGTON, Judge.

¶1Harold and Maudie Crooms, plaintiffs below, challenge the trial court’s order granting Lucille Crawford’s motion for summary judgment. In its order, the trial court concluded that the easement for ingress and egress located on Mrs. Crawford’s property was extinguished by virtue of the Marketable Record Title Act (MRTA), Chapter 712, Florida Statutes (2001). On appeal, Mr. and Mrs. Crooms submit that it was error for the trial court to have applied MRTA. We agree. See Holland v. Hattaway, 438 So.2d 456, 468 (Fla. 5th DCA 1983). We therefore reverse and remand for further proceedings consistent with this opinion.

¶2Reversed and remanded.

BLUE, C.J., and DAVIS, J., Concur.
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