McIlvaine v. Florida East Coast Railway Co.

MINER, Judge.

In this appeal, we review the trial court’s order granting summary final judgment in favor of defendant/appellee in a property dispute. For the reasons that follow, we reverse the judgment appealed from.

By a Bill of Sale and Easement dated February 14, 1978, appellee, Florida East Coast Railway (“FEC”) acquired from Seaboard Coast Line Railway (“Seaboard”)

a certain segment of railroad trackage, to include ballast, grading, rail, angle bars, tie plates, drainage structures, fastenings, cross ties and other appurtenances, used in the construction of the said segment of trackage at…