Summary
In Willis v. Ryals, 328 So.2d 475 (Fla. 1st DCA 1976), this court held that even though there was no basis for upsetting the jury's findings upon which a final judgment was based in a boundary dispute, nevertheless it remanded the cause to the trial court solely for the purpose of correcting an erroneous property description contained in the final judgment pursuant to Fla.R.Civ.P. 1.540.
Summary of this case from Ashland Oil Refining v. State RoadOpinion
No. Z-38.
March 10, 1976. Rehearing Denied April 6, 1976.
Appeal from the Circuit Court, Holmes County, W.L. Bailey, J.
Clayton J.M. Adkinson, of Thompson Adkinson, De Funiak Springs, for appellants.
Thomas Gerald Holley, Chipley, for appellees.
The pre-trial order specified the issues to be submitted to the trier of fact. The jury, by its verdict, determined that the boundary between appellants' and appellees' property was the old fence line and, in addition, awarded appellees $25.00 damages as a result of appellants' interference therewith.
There is no basis for upsetting the jury's findings.
The parties admit that an error exists in the property description contained in the Final Judgment. Accordingly, the cause is remanded to the trial court solely for the purpose of correcting this error in the Final Judgment. Florida Rule of Civil Procedure 1.540(a).
McCORD, Acting C.J., and SMITH, J., concur.