Ella III, LLC v. Ethan Madden, Ciara J. Hare, and United Southern Bank

Summary

The Fifth District Court of Appeal of Florida reversed a summary judgment holding that Ella III, LLC's ejectment and quiet title action was barred by the four-year limitation in section 95.191, Florida Statutes. The court held that the limitation applies only when the property was adversely possessed when the tax deed was issued, and it found conflicting evidence concerning when adverse possession began. The case was remanded for further proceedings.

Holdings

1. The four-year limitation in section 95.191 applies only when the property is adversely possessed at the time the tax deed is issued.
2. Summary judgment was improper because significant conflicting evidence existed regarding whether and when the property was adversely possessed.
3. The appellant's argument that interests conveyed after issuance of the tax deed did not survive was waived because it was not raised in the appeal.

Questions Presented

1. Whether Florida Statutes section 95.191 bars a tax-deed holder's ejectment and quiet-title action only when the property was adversely possessed when the tax deed was issued.
2. Whether summary judgment was proper when the evidence conflicted regarding when adverse possession began.

Disposition

reversed_and_remanded