# Board of Trustees of the Internal Improvement Trust Fund v. Agrico Chemical Co.

> District Court of Appeal of Florida · September 14, 1984 · 10 Fla. L. Weekly 255

URL: https://www.frixlaw.com/law-library/cases/7538992

## Case

- **Full name:** The BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND of the State of Florida, and Coastal Petroleum Company, a Florida corporation v. AGRICO CHEMICAL COMPANY
- **Court:** District Court of Appeal of Florida
- **Decided:** September 14, 1984
- **Citations:** 10 Fla. L. Weekly 255; 462 So. 2d 829; 1984 Fla. App. LEXIS 16717
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Ahy, Because, Campbell, Dan, Death, Hobson, Ott
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Disapproved by Board of Trustees v. Agrico Chemical Co., 11 Fla. L. Weekly 267 (1986).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7538992

## Opinion text

ON MOTION FOR REHEARING
PER CURIAM.
We grant rehearing to the extent that the questions previously certified as expressed by this Court in the Board of Trustees of the Internal Improvement Fund v. Mobil Oil Corp., 455 So.2d 412 (Fla. 2d DCA 1984), and Coastal Petroleum Co. v. American Cyanamid Co., 454 So.2d 6 (Fla. 2d DCA 1984), decisions are the same questions of great public importance involved in the instant case. Therefore, we again certify the following questions to the Supreme Court of Florida as questions of great public importance:
1. DO THE 1883 SWAMP AND OVERFLOW LANDS DEEDS ISSUED BY THE TRUSTEES INCLUDE SOVEREIGNTY LANDS BELOW THE ORDINARY HIGH-WATER MARK OF NAVIGABLE RIVERS?
2. DOES THE DOCTRINE OF LEGAL ESTOPPEL OR ESTOPPEL BY DEED APPLY TO 1883 SWAMP AND OVERFLOWED DEEDS BARRING THE TRUSTEES’ ASSERTION OF TITLE TO SOVEREIGNTY LANDS?
3. DOES THE MARKETABLE RECORD TITLE ACT, CHAPTER 712, FLORIDA STATUTES, OPERATE TO DIVEST THE TRUSTEES OF TITLE TO SOVEREIGNTY LANDS BELOW THE ORDINARY HIGH-WATER MARK OF NAVIGABLE RIVERS?
OTT, A.C.J., and DANAHY, J., concur.
CAMPBELL, J., assigned to this motion because of the death of HOBSON, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7538992. Public record. Not legal advice.