City Of Miami v. St. Joe Paper Co

364 S.2d 439 (1978)

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Nature of the Case

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Facts

In 1845, the State of Florida acquired title from the United States. By warranty deed recorded in 1898, Flagler conveyed to Florida East Coast Hotel portions of the mainland north of the Miami River and adjacent Biscayne Bay including the submerged lands appertaining thereto (Flagler had not title to the submerged lands). By special act in 1919, the State of Florida granted to the City of Miami (P) all rights and interest to all submerged lands including waterfront and riparian rights to an area which included the mouth of the Miami River. In 1944, St Joe Paper Company (D) recorded a warranty deed from the Florida East Coast Hotel which conveyed all of the lands that they owned. P filed a claim for the land, but the trial court ruled that the Florida Marketable Record Act barred their action for the disputed land. P appealed.