Florida Department of Transportation v. Clipper Bay Investments, LLC — Canady, J., Concurring

Summary

Justice Canady concurred in the result because the Department of Transportation’s interest was preserved under section 712.03(5), which protects a recorded right-of-way in its entirety when any part is used. He rejected the majority’s alternative reliance on section 712.03(1), both because that ground was not properly raised and because the cited instruments did not qualify under the statute. The concurrence therefore supported quashing the First District’s decision but disagreed with part of the majority’s reasoning.