Hurt v. Virginia Heights Ass'n

OWEN, Judge.

The appellants, who were also appellants in Hurt v. Lenchuk, Fla.App. 1969, 223 So.2d 350, appeal from the amended judgment entered by the court after the going down of our mandate, complaining that the amended judgment did not comply with our prior opinion in this case.

Appellants are correct, but the fault does not lie with the trial court. Our prior opinion contains a self contradiction which prevented our views from being clearly expressed and which understandably placed the trial court in a quandary. We held that the title to the portion of the street which had been lawfully…