Touart v. Gonzalez

CARROLL, DONALD K., Judge.

The defendants in an action for declaratory relief have appealed from a summary final decree entered by the Circuit Court for Escambia County declaring that they held no title or interest in certain waterfront lands.

While the court did not expressly designate the decree appealed from as a summary decree, but merely called it an “order,” the court therein recites that the cause was heard upon the plaintiffs’ complaint and their motion for summary judgment based upon the pleadings, exhibits, and affidavits. In the remainder of the order, the court’s language indicates…