HEARN PROPERTIES, INC. v. Cruce

Hearn Properties, Inc. (Hearn) appeals a final judgment establishing an old fence line as the boundary between land Hearn owns and a parcel owned by Albert W. Cruce and other heirs of Mattie Frances Cruce. The judgment on appeal quiets title to a disputed strip of land in the Cruce heirs. In order to decide the case under the rule of decision our supreme court has laid down, we are obliged to sit en banc. See Fla. R.App. P. 9.331(a) (“En banc hearings ... shall not be ordered unless the case is of exceptional importance or unless necessary to maintain uniformity in the court’s decisions.”);…