Calvert v. Morgan

MILLS, Judge.

The issues in this declaratory judgment action are whether the trial court had jurisdiction to grant declaratory relief and whether the rule set forth in Smith v. Horn, 70 Fla. 484, 70 So. 435 (1915), applies to the facts of this case. Judgment was entered for the plaintiffs (appellees) and the defendants (appellants) appeal.

The defendants are the owners of several lots of land fronting on Spanish Point Drive in Jacksonville, while the plaintiffs are the owners of several lots fronting on Tontine Road. The rear property lines of both sets of lots are separated by a thirty foot…