Case No. 3D03-2563.District Court of Appeal of Florida, Third District.
Opinion filed May 19, 2004.
An Appeal from the Circuit Court for Monroe County, Richard Payne, Judge, Lower Tribunal No. 02-553.
Horan, Horan Wallace and Edward Horan, for appellant.
Morgan Hendrick and James Hendrick and Karen K. Cabanas, for appellee.
Before SCHWARTZ, C.J., and WELLS and SHEPHERD, JJ.
The appellant bases its claim to a vested right to intrude into the appellee’s easement on alleged adverse possession. Because we find, as a matter of law, that the record is insufficient to establish such a right, see Mumaw v. Roberson, 60 So.2d 741 (Fla. 1952); Bentz v. McDaniel, 872 So.2d 978 (Fla. 5th DCA Case no. 5D03-1898, opinion filed, May 7, 2004); Enos v. Casey Mountain, Inc., 532 So.2d 703 (Fla. 5th DCA 1988), review denied, 542 So.2d 988 (Fla. 1989); Kitzinger v. Gulf Power Co., 432 So.2d 188 (Fla. 1st DCA 1983), and that any such right, even if it existed, was abandoned by the passage of more than two decades since it was last exercised, see Kitzinger, 432 So.2d at 188, we approve the judgment below in favor of the appellee easement holder. See also Hale v. Miracle Enters. Corp., 517 So.2d 102 (Fla. 3d DCA 1987).
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.