Virginia P. Ward v. State Florida

Virginia Ward appeals an adverse summary judgment determining ownership of real property situated in Marathon, Florida. We reverse. The Florida Department of Transportation brought an action to determine title to a portion of a parcel of real property owned by Ward. The Department contended that a portion of the right-of-way of old State Road 4A was situated on a portion of the parcel in question. The Department asserted that under section 95.361, Florida Statutes (1989), and its predecessors, title to the right-of-way had vested in the Department. The parties filed cross-motions for summary judgment and the trial court entered judgment in favor of the Department. This appeal ensued.