Opinion
No. 87-0804.
March 9, 1988. Rehearing Denied April 29, 1988.
Appeal from the Circuit Court, Broward County, J. Leonard Fleet, J.
Robert J. O'Toole and Robert W. Crawford, Fort Lauderdale, for appellants.
Louis J. Pleeter of Goodman, Pleeter Webber, P.A., Hollywood, for appellee-Town of Davie.
Quentin V. Long of Long Finkel, P.A., Hallandale, for appellee-South Florida Warehousing II.
H. Collins Forman, Jr., of Watson Clark, Fort Lauderdale, for appellees-Forman.
The trial court held that Kean Road (the name given to an undesignated thirty-foot-wide strip of land lying between Tracts 23 and 24 of Section 25, Township 50 South, Range 41 East, Broward County, Florida, as shown on Newman's Survey recorded in 1908) was a public road rather than a private road as contended by appellees. The judgment is affirmed on the authority of Porter v. Carpenter, 39 Fla. 14, 21 So. 788 (1897), Price v. Stratton, 45 Fla. 535, 33 So. 644 (1903), Robinson v. Town of Riviera, 157 Fla. 194, 25 So.2d 277 (1946), Indian Rocks Beach South Shore v. Ewell, 59 So.2d 647 (Fla. 1952), and Town of Palm Beach v. Palm Beach County, 313 So.2d 770 (Fla. 4th DCA 1975).
AFFIRMED.
LETTS, J., and OWEN, WILLIAM C., JR., (Retired), Associate Judge, concur.
ANSTEAD, J., concurs specially with opinion.
I concur because the record contains substantial evidence supporting the trial court's findings of:
(a) an intent to dedicate to the public for use as roadways, ditches, right-of-ways and the like, the thirty-foot-wide undesignated "spaces" lying between the several tiers of numbered tracts of land when the then owner of the land, the Trustees of the Internal Improvement Fund of the State of Florida, approved the survey as official, had it recorded and offered the numbered tracts of land for sale to the public by reference to the plat.
(b) an acceptance of that dedication both by public use of a portion of the dedicated spaces and by formal acceptance by Broward County Ordinance adopted in 1967.