Cases from cite.case.law:

MULLINS, v. MULLINS, 274 So. 3d 513 (Fla. App. Ct. 2019)

. . . ." § 712.03(3), Florida Statutes (2011). . . .

DORSEY, a k a Jr. a k a v. ROBINSON,, 270 So. 3d 462 (Fla. App. Ct. 2019)

. . . Dolors McCray, Johnnie Mae Dorsey, and Jocelyn Hightower satisfy the possession exception of section 712.03 . . . for the Appellants who are in possession of certain areas of the eighteen acres pursuant to section 712.03 . . . eighteen acres in Appellees, except for the Appellants who have a possessory interest under section 712.03 . . . Subject to section 712.03, "a marketable record title is free and clear of all estates, interests, claims . . . See § 712.03(3), Fla. Stat. (requiring "possession of the lands"). . . .

EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. DEPARTMENT OF ECONOMIC OPPORTUNITY,, 264 So. 3d 264 (Fla. App. Ct. 2019)

. . . See § 712.03(1) (stating that MRTA shall not extinguish "easements and use restrictions disclosed by . . . See § 712.03(1) (providing that MRTA does not extinguish "easements and use restrictions disclosed by . . .

SAVE CALUSA TRUST, v. ST. ANDREWS HOLDINGS, LTD., 193 So. 3d 910 (Fla. Dist. Ct. App. 2016)

. . . Chapter' 712 mentions “use restrictions” only in section 712.03(1), which provides an exception to extinguishment . . . extinguished, for it was not identified in a post-root muniment of title and it was not preserved. § 712.03 . . . particularly relevant to this appeal are: (i) section 712.01, which provides definitions; (ii) section 712.03 . . . whether the restrictive zoning covenant in this case is delineated as an exception to MRTA under section 712.03 . . .

DEPARTMENT OF TRANSPORTATION, v. MID- PENINSULA REALTY INVESTMENT GROUP, LLC, a, 171 So. 3d 771 (Fla. Dist. Ct. App. 2015)

. . . We agree with the trial court that the exception to MRTA set forth in section 712.03(3), Florida Statutes . . . However, we reverse because the trial court erred in finding that the exception set forth in section 712.03 . . . The exception to MRTA set forth in section 712.03(5) is applicable to rights-of-way held in fee, but . . . DOT failed to establish possession for purposes of section 712.03(3). . . . And section 712.03(3) does not reference constructive possession. . . .

FLORIDA DEPARTMENT OF TRANSPORTATION, v. CLIPPER BAY INVESTMENTS, LLC,, 160 So. 3d 858 (Fla. 2015)

. . . with the majority’s conclusion that DOT’S interest in the disputed property is preserved under section 712.03 . . . I disagree, however, with the majority’s conclusion that DOT’S interest is preserved under section 712.03 . . . The resolution of this case is dictated by-section 712.03(5), which provides that MRTA “shall not affect . . . The majority’s reliance on section 712.03(1) fails on both procedural and substantive grounds. . . . Accordingly, it cannot be the predicate for the operation of section 712.03(1). . . . Before this Court, the parties now agree that the exceptions provided in section 712.03 may apply to . . . FDOT asserts that the exception contained in section 712.03(5), Florida Statutes (2008), which preserves . . . Exceptions to the MRTA The only exceptions to the MRTA are provided in section 712.03. . . . Sunshine Vistas, 623 So.2d at 491 (citing § 712.03(1), Fla. Stat.). . . . Accordingly, we find that DOT’s interest is preserved and excepted under section 712.03(1). . . .

DEPARTMENT OF TRANSPORTATION, v. MID- PENINSULA REALTY INVESTMENT GROUP, LLC, a, 162 So. 3d 218 (Fla. Dist. Ct. App. 2015)

. . . Because we agree with the trial court that the exception to MRTA set forth in section 712.03(5), Florida . . . The exception to MRTA set forth in section 712.03(5) does not apply. . . . See, e.g., § 712.03(1), (2), & (4). . . . DOT failed to establish possession for purposes of section 712.03(3). . . . And section 712.03(3) does not reference constructive possession. . . .

L. BARNEY, W. v. SILVER LAKES ACRES PROPERTY, ETC., 159 So. 3d 181 (Fla. Dist. Ct. App. 2015)

. . . Association, on the other hand, asserts Amendment One falls within the statutory exception found in section 712.03 . . . The exception found in section 712.03, Florida Statutes (2014), provides in relevant part: Such marketable . . . We agree that the respective deeds fall within the first part of section 712.03, Florida Statutes (2014 . . . Appellants, on the other hand, discount the first part of section 712.03(1), asserting the language set . . .

LEHMANN v. COCOANUT BAYOU ASSOCIATION,, 157 So. 3d 289 (Fla. Dist. Ct. App. 2014)

. . . See § 712.03. . . . The next step in applying MRTA is to determine whether any of the exceptions stated in section 712.03 . . . deed was recorded after the 1952 recording of CBA’s “root of title,” the exception to MRTA in section 712.03 . . . Section 712.03(4) states that marketable record title does not affect “[e]states, interests, claims, . . . Because the application of MRTA is precluded by the exception in section 712.03(4) implicated by the . . .

VILLAGE CARVER PHASE LLC, v. FIDELITY NATIONAL TITLE INSURANCE CO., 128 So. 3d 107 (Fla. Dist. Ct. App. 2013)

. . . Section 712.04 of the MRTA states that “[sjubject to s. 712.03, a marketable record title is free and . . . Section 712.03 exempts from the provisions of the MRTA estates, interests, easements and use restrictions . . .

SOUTHFIELDS OF PALM BEACH POLO AND COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. Dr. C. v. D. McCULLOUGH,, 111 So. 3d 283 (Fla. Dist. Ct. App. 2013)

. . . marketable record title ... free and clear of all claims’ except those set forth as exceptions in section 712.03 . . . Section 712.03(2), Florida Statutes (2010), furnishes an exception from MRTA for, among other things, . . .

CLIPPER BAY INVESTMENTS, LLC, v. STATE DEPARTMENT OF TRANSPORTATION, 117 So. 3d 7 (Fla. Dist. Ct. App. 2013)

. . . FDOT asserts that the exception contained in section 712.03(5), Florida Statutes (2008), which preserves . . . Section 712.03(5) states: 712.03. . . . Clipper Bay notes that “easement” and “right-of-way” are not defined by section 712.03. . . . However, FDOT claimed that the section 712.03(5) exception applied to defeat the MRTA claim. Id. . . . A Application of Section 712.03(5), Florida Statutes We determine that section 712.03(5) is ambiguous . . .

MATISSEK v. D. WALLER,, 51 So. 3d 625 (Fla. Dist. Ct. App. 2011)

. . . (1) or by recording a proper notice under sections 712.03(2), 712.05, and 712.06, which was never done . . . Subsection (1) of the exceptions listed under section 712.03 states: Such marketable record title shall . . . Caruana, 623 So.2d 490, 491-92 (Fla.1993) (quoting § 712.03(1), Fla. Stat. (1989)). . . . Similarly, the 1977 amendments do not apply under subsection 712.03(4) because the amendments are not . . . Rice fail to comply with the “specific identification” language of subsection 712.03(1). . . .

NOURACHI, HW a F. S. v. UNITED STATES M., 632 F. Supp. 2d 1101 (M.D. Fla. 2009)

. . . Section 712.03 of the Act contains several exceptions to this provision, including “estates, interests . . . Stat. § 712.03(2). . . .

NOBLIN, v. HARBOR HILLS DEVELOPMENT, L. P., 896 So. 2d 781 (Fla. Dist. Ct. App. 2005)

. . . record title free and clear of all claims of an interest in land except those preserved by section 712.03 . . . The exceptions to MRTA that may be pertinent to the instant case are found' in section 712.03(1), Florida . . . The exception under section 712.03(1) preserves “[ejstates or interests, easements and use restrictions . . . Noblin argues that the use exception found in section 712.03(5), Florida Statutes (2002), applies to . . . of any part thereof shall except from the operation hereof the right to the entire use thereof.” § 712.03 . . .

H. BLANTON, v. CITY OF PINELLAS PARK,, 887 So. 2d 1224 (Fla. 2004)

. . . marketable record title ... free and clear of all claims” except those set forth as exceptions in section 712.03 . . . extinguished by marketable record title” provides in pertinent part: Subject to the matters stated in s. 712.03 . . . An interest in land that is not exempted from MRTA’s provisions under section 712.03 can be preserved . . . scope and that MRTA does not contain an express exception for statutory ways of necessity in section 712.03 . . . Section 712.03, which sets forth a list of interests that cannot be extinguished under MRTA, provides . . .

CIRELLI, L. v. ENT, T., 885 So. 2d 423 (Fla. Dist. Ct. App. 2004)

. . . shall be free and clear of all claims except the matters set forth as exceptions to marketability in s. 712.03 . . . McDonalds had marketable record title unless a statutory exception to MRTA, as provided in section 712.03 . . . It is undisputed that no notice, pursuant to section 712.03(2), Florida Statutes (2002), was filed by . . . to rely on a record title as described in s. 712.02 subject only to such limitations as appear in s. 712.03 . . . Section 712.04, Florida Statutes, provides in pertinent part: Subject to the matters stated in s. 712.03 . . .

BERGER, v. RIVERWIND PARKING, LLP,, 842 So. 2d 918 (Fla. Dist. Ct. App. 2003)

. . . It does not meet the requirement of section 712.03(1) to refer by book and page number to the instrument . . . They cite section 712.03(4) Fla. . . . In subsection 712.03(2), the legislature distinguished between “estates, interests, claims or charges . . . Further, even if restrictions fall within subsection 712.03(4), we believe that to be a “title transaction . . . See section 712.03(1), Fla. Stat. . . . .

H F LAND, INC. v. PANAMA CITY- BAY COUNTY AIRPORT AND INDUSTRIAL DISTRICT,, 736 So. 2d 1167 (Fla. 1999)

. . . record title free and clear of all claims of an interest in land except those preserved by section 712.03 . . . inherent in the muniments of title on which an estate is based beginning with the root of title.” § 712.03 . . . remainder interest, those interests are not saved from extinguishment by subsection (1) of Section 712.03 . . . See § 712.03(2), Fla. Stat. (1995). . . . Statutes, unless those matters are filed under section 712.05(1) or unless, as provided in section 712.03 . . .

S. SIMOVITS Jr. v. CHANTICLEER CONDOMINIUM ASSOCIATION,, 933 F. Supp. 1394 (N.D. Ill. 1996)

. . . that they incurred five months of unnecessary mortgage payments on the Chanticleer condominium, at $712.03 . . .

UNITED STATES v. M. CLEMENTS,, 73 F.3d 1330 (5th Cir. 1996)

. . . Under count two for false statements, the district court used the same $258,-712.03 figure in determining . . .

R. MARTIN, v. TOWN OF PALM BEACH,, 643 So. 2d 112 (Fla. Dist. Ct. App. 1994)

. . . 1948 deed restrictions, we base our decision to affirm the final judgment upon sections 712.02 and 712.03 . . . Section 712.03 provides in pertinent part; 712.03 Exceptions to marketability.— Such marketable record . . . Thus, pursuant to section 712.03(1), the use restrictions created prior to the 1957 deed (the Town’s . . . Because this language fails to comport with the requirements of section 712.03(1), the use restriction . . . We must decline Martin’s invitation to create an exception to sections 712.02 and 712.03 for charitable . . .

WATER CONTROL DISTRICT OF SOUTH BREVARD, v. M. DAVIDSON, P. Jr. E. B. F. M. J. A., 638 So. 2d 521 (Fla. Dist. Ct. App. 1994)

. . . . § 712.03, Fla.Stat. (1991); Gregory M. . . . governmental easement or rights-of-way exception which provides that such interests are not extinguished. § 712.03 . . . rights-of-way have not been extinguished under Florida law if at least part of the easement has been used. § 712.03 . . . Since the easements constitute a unified reservation, use of a part preserves the whole. § 712.03(5), . . . See § 712.03(1), Fla.Stat. (1991). . . . .

SUNSHINE VISTAS HOMEOWNERS ASSOCIATION, v. CARUANA,, 623 So. 2d 490 (Fla. 1993)

. . . allowing persons to rely on a record title ... subject only to such limitations as appear in [section] 712.03 . . . has “a marketable record title ... free and clear of all claims” except claims preserved by section 712.03 . . . Homeowners argue that the muniments make the specific identification that section 712.03 requires and . . . Section 712.03 provides: Exceptions to marketability. — Such marketable record title shall not affect . . . To so hold effectively reads out of section 712.03(1) the words: “unless specific identification by reference . . .

FLORIDA DEPARTMENT OF TRANSPORTATION, v. DARDASHTI PROPERTIES,, 605 So. 2d 120 (Fla. Dist. Ct. App. 1992)

. . . also found that FDOT’s claim did “not fall within any exceptions to marketability provided for in F.S. 712.03 . . . heard and denied FDOT’s motion for summary judgment, that subsections (1), (2), and (4) of section 712.03 . . . shall be free and clear of all claims except the matters set forth as exceptions to marketability in s. 712.03 . . . Section 712.03 lists the rights that the MRTA “shall not affect or extinguish.” . . . provides: Because the County did not have an easement or right-of-way over the fifty foot parcel, section 712.03 . . . to the property is protected by the exception to the Marketable Record Title Act set out in section 712.03 . . .

SUNSHINE VISTAS HOMEOWNERS ASSOCIATION, a v. CARUANA, a, 597 So. 2d 809 (Fla. Dist. Ct. App. 1992)

. . . to rely on record title as described in s. 712.02 subject only to such limitations as appear in s. 712.03 . . . Pursuant to Section 712.03, use restrictions which were created prior to the root of title are not preserved . . . Section 712.03, Fla.Stat. (1989). . . . title transaction which imposed, transferred or continued the use restrictions, as required by Section 712.03 . . .

W. C. SULLIVAN, v. J. T. WOODWARD,, 582 So. 2d 31 (Fla. Dist. Ct. App. 1991)

. . . Section 712.03(4), Florida Statutes, would act to preclude the appellant from relying on the MRTA because . . . Section 712.03(6) acts to preclude the appellee from relying on the MRTA because the appellant has paid . . .

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, v. AMERADA HESS CORPORATION v. AMERICAN ROYALTY PRODUCING COMPANY,, 46 Fla. Supp. 2d 97 (Fla. Cir. Ct. 1991)

. . . deeds are a root of title does not address any of the exceptions to marketability in Florida Statutes § 712.03 . . .

WHITE SANDS, INC. By No. v. SEA CLUB V. CONDOMINIUM ASSOCIATION, INC., 581 So. 2d 589 (Fla. Dist. Ct. App. 1990)

. . . Section 712.03(5) excepts recorded or unrecorded easements from ex-tinguishment if they are used. . . .

BURLINGTON NORTHERN RAILROAD COMPANY, v. OMAHA PUBLIC POWER DISTRICT, NEBRASKA PUBLIC POWER DISTRICT. BURLINGTON NORTHERN RAILROAD COMPANY, v. OMAHA PUBLIC POWER DISTRICT, 888 F.2d 1228 (8th Cir. 1989)

. . . . § 84-712.03. . . . The statute relied upon provides: Sections 84-712 to 84-712.03 shall be liberally construed whenever . . .

M. HARRELL, v. WESTER, W. W., 853 F.2d 828 (11th Cir. 1988)

. . . . § 712.03. . . . Although the Florida Legislature created a number of exceptions to the MRTA’s operation, see Fla.Stat. § 712.03 . . . in the property is extinguished absent the applicability of one of the exceptions listed in section 712.03 . . . that his interest in the property was preserved because he fell within the exception listed in section 712.03 . . . Section 712.03(3) provides that marketable record title under the Act does not extinguish the “[rjights . . .

BURLINGTON NORTHERN RAILROAD COMPANY, v. OMAHA PUBLIC POWER DISTRICT, 703 F. Supp. 826 (D. Neb. 1988)

. . . original form shall remain a public record when maintained in computer files. (2) Sections 84-712 to 84-712.03 . . . The burden is upon the “public body to sustain its action.” § 84-712.03. . . .

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, v. I. MUROFF, 508 So. 2d 510 (Fla. Dist. Ct. App. 1987)

. . . rights (such as appears in the 1947 deed) to be a root of title as defined in the MRTA; and section 712.03 . . . The last stated point above refers to the following: 712.03 Exceptions to marketability. . . . . § 712.03(1). . . . Thus, if the 1947 deed is a proper root of title, we do not think section 712.03(1) is a barrier to the . . . by a different chain of title to preserve that interest under the MRTA unless it fell into a section 712.03 . . .

CUNNINGHAM, v. A. HALEY,, 501 So. 2d 649 (Fla. Dist. Ct. App. 1986)

. . . then owners of lots in this subdivision were parties, and (3) that this is sufficient under section 712.03 . . . title of appellants of the land use restrictions unless those restrictions are preserved by section 712.03 . . . Appellees’ argument misses the point of the Marketable Record Title Act and misconstrues section 712.03 . . . Under section 712.03(1), Florida Statutes, actual notice does not suffice to protect use restrictions . . . two law actions referred to by appellees do not fall within the proviso in the exception in section 712.03 . . .

CITY OF JACKSONVILLE, v. HORN, 496 So. 2d 204 (Fla. Dist. Ct. App. 1986)

. . . shall be free and clear of all claims except the matters set forth as exceptions to marketability in s. 712.03 . . . to prove use of the road, so as to avoid extinguishment, under the provisions set forth in section 712.03 . . . While the statute (section 712.03(5)) purports to except from its operation “recorded or unrecorded” . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT FUND, v. R. STEVENS, 495 So. 2d 167 (Fla. 1986)

. . . The Second District certified the following question as being of great public importance: Can section 712.03 . . . The state maintained the lands were sovereignty lands exempt from MRTA by virtue of section 712.03(7) . . . Title Act, chapter 712, Florida Statutes, as originally enacted and subsequently amended by section 712.03 . . . Thus, we need not decide whether section 712.03(7) can be applied retroactively. . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. R. STEVENS, 472 So. 2d 1287 (Fla. Dist. Ct. App. 1985)

. . . The Trustees’ second point is that section 712.03(7), Florida Statutes (Supp. 1978), of the MRTA must . . . Section 712.03(7) provides that marketable record title shall not affect “[sjtate title to lands beneath . . . Petroleum, we certify to the Supreme Court of Florida as a question of great public importance: Can section 712.03 . . .

COASTAL PETROLEUM COMPANY, v. AMERICAN CYANAMID COMPANY, a COASTAL PETROLEUM COMPANY, v. ESTECH, INC. a, 454 So. 2d 6 (Fla. Dist. Ct. App. 1984)

. . . recorded over thirty years has a marketable record title free and clear of all claims except those in 712.03 . . . See § 712.03(7), effective June 15, 1978. . . . There our sister court held that section 712.03(7) does not apply retroactively even where the Trustees . . .

HOLLAND, v. J. M. HATTAWAY,, 438 So. 2d 456 (Fla. Dist. Ct. App. 1983)

. . . However, section 712.03(4) specifically provides as an exception: (4) Estates, interests, claims, or . . . This question occurs only because section 712.03(4) excepts not just claims arising during the 30 year . . . We further note the exceptions in 712.03(3) in favor of the rights of persons in actual possession. . . . (2)) or under 712.03(4) by title transactions recorded subsequent to the effective date of its root of . . . (6) by a reply to the affirmative defense and therefore the effect of 712.03(6) in this case has not . . . easement under MRTA, the remaining question is whether the application of MRTA is prevented by section 712.03 . . . persons to rely on a record title described in section 712.02, subject only to the exceptions in section 712.03 . . . appellees’ easement and, therefore, it does not constitute notice of appel-lees’ claim; and (3) section 712.03 . . .

TRAVICK, v. PARKER, Ad B., 436 So. 2d 957 (Fla. Dist. Ct. App. 1983)

. . . shall be free and clear of all claims except the matters set forth as exceptions to marketability in s. 712.03 . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND OF STATE OF FLORIDA, v. PARADISE FRUIT COMPANY, INC. a, 432 So. 2d 37 (Fla. 1983)

. . . I find that this Court has mandatory jurisdiction because the district court declared section 712.03( . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND OF STATE OF FLORIDA, v. PARADISE FRUIT COMPANY, INC. a, 414 So. 2d 10 (Fla. Dist. Ct. App. 1982)

. . . marketable record title free and clear of all claims, with the exception of those set forth in section 712.03 . . . inquiry, and (2) whether the rights asserted by appellant were within one of the exceptions in section 712.03 . . . , from 1963 until it was amended effective June 15, 1978 (Ch. 78-288 § 1, Laws of Florida), section 712.03 . . . Appellant argues that the 1978 amendment, § 712.03(7), Fla.Stat. (1979), excepting state sovereignty . . . the effective date of appellee’s root of title and, therefore, constituted an exception under section 712.03 . . .

CITY OF PENSACOLA, a v. CAPITAL REALTY HOLDING COMPANY, INC., 417 So. 2d 687 (Fla. Dist. Ct. App. 1982)

. . . marketable record title clear of any claims other than seven exceptions expressly set forth in Section 712.03 . . . Subject to the exceptions contained in Section 712.03, the act clears all estates, interests, claims . . .

AMERICAN CYANAMID COMPANY v. STATE OF FLORIDA, 2 Fla. Supp. 2d 67 (Fla. Cir. Ct. 1981)

. . . township, and range, or other means of locating the lands is not sufficient to comply with Section 712.03 . . .

O D. ASKEW, v. R. SONSON,, 409 So. 2d 7 (Fla. 1981)

. . . .” § 712.03(7), Fla.Stat. (Supp.1978). . . . Wadsworth, 386 F.Supp. 940, 943 (M.D.Fla.1975) as follows: Section 712.03 delineates specifically the . . . rely on a record title “as described in s. 712.02 subject only to such limitations as appear in s. 712.03 . . . Deltona Corp., supra, subsection (7) was added to section 712.03, Florida Statutes (1977), so that state . . . The only exceptions to the MRTA not extinguished are those found in section 712.03 and 712.04, Florida . . .

STATE DEPARTMENT OF NATURAL RESOURCES, v. CONTEMPORARY LAND SALES, INC., 400 So. 2d 488 (Fla. Dist. Ct. App. 1981)

. . . Marketable Record Title Act was originally adopted in 1963, and at all times relevant to this case, section 712.03 . . . Effective June 15, 1978, Ch. 78-288, § 1, Laws of Florida, amended section 712.03, Florida Statutes ( . . .

ALLEN v. ST. PETERSBURG BANK TRUST COMPANY, a, 383 So. 2d 1171 (Fla. Dist. Ct. App. 1980)

. . . Section 712.03(7), Florida Statutes (1979). . . . . We note that none of the exceptions set forth in Section 712.03 were claimed by appellants. . . .

B. KITTRELL, v. A. CLARK,, 383 So. 2d 909 (Fla. 1980)

. . . shall be free and clear of all claims except the matters set forth as exceptions to marketability in s. 712.03 . . . Section 712.03 lists the interests that are not extinguishable by the marketable record title. . . .

Q. MAYO v. OWENS, M. P. W. E. F. C. D. L. V. E. M., 367 So. 2d 1054 (Fla. Dist. Ct. App. 1979)

. . . Section 712.03(4). . . . F.S. 712.03 entitled “Exceptions to Marketability”, provides in material part: “Such marketable record . . . of the land it purports to affect and that this would be consistent with the provisions of Sections 712.03 . . . but we may not supply that which the legislature did not choose to include in Sections 712.01(3) and 712.03 . . . (F.S. 712.03(4)) Clearly, although said Final Judgment Determining Heirs did not describe any particular . . .

CITY OF MIAMI, a v. ST. JOE PAPER COMPANY, a a E. Jr. S. S., 364 So. 2d 439 (Fla. 1978)

. . . The children argued that Florida Statutes, Section 712.03(1) preserves estates, interests, easements, . . . Statutes, Section 712.-03(1) refers only to defects in the makeup of the deed when we said: “Section 712.03 . . . Florida Statutes, Section 712.03(6) excepts the rights of any person in whose name the land has been . . .

B. KITTRELL, v. A. CLARK, 363 So. 2d 373 (Fla. Dist. Ct. App. 1978)

. . . free and clear of all claim except the matters set forth as exceptions to marketability in Section 712.03 . . . Section 712.03(4). . . . root of title, the phosphate, minerals and oils interest was preserved from extinguishment by Section 712.03 . . . of the land it purports to affect and that this would be consistent with the provisions of Sections 712.03 . . . but we may not supply that which the legislature did not choose to include in Sections 712.01(3) and 712.03 . . .

R. STARNES, v. MARCON INVESTMENT GROUP, a a, 571 F.2d 1369 (5th Cir. 1978)

. . . be free and clear of all claims except the matters set forth as exceptions to marketabil- ity in § 712.03 . . . claimed. 3712.04 Interests extinguished by marketable record title Subject to the matters stated in § 712.03 . . .

ITT RAYONIER, INCORPORATED, a v. L. WADSWORTH,, 556 F.2d 750 (5th Cir. 1977)

. . . exception to the operation of the Marketable Record Title Act provided by Florida Statutes, Section 712.03 . . . exception to the operation of the Marketable Record Title Act provided by Florida Statutes, Section 712.03 . . .

ITT RAYONIER, INCORPORATED, v. L. WADSWORTH, 346 So. 2d 1004 (Fla. 1977)

. . . exception to the operation of the Marketable Record Title Act provided by Florida Statutes, Section 712.03 . . . exception to the operation of the Marketable Record Title Act provided by Florida Statutes, Section 712.03 . . . Question # 2: Section 712.03, Florida Statutes, provides that marketable record title will not extinguish . . . remainder interest, those interests are not saved from extinguishment by subsection (1) of Section 712.03 . . . Question # 3: Section 712.03(3) provides that the rights of any person in possession of the lands are . . .

GAC PROPERTIES, v. EXXON CORPORATION, 46 Fla. Supp. 195 (Collier Cty. Cir. Ct. 1977)

. . . been used as to a portion of the land covered by the easement, and, under Florida Statutes, Section 712.03 . . .

ODOM v. DELTONA CORPORATION, BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. DELTONA CORPORATION,, 341 So. 2d 977 (Fla. 1976)

. . . free and clear of all claims ‘except the matters set forth as exceptions to marketability in Section 712.03 . . . The exceptions in F.S. 712.03 include (1) estates, easements and restrictions ‘disclosed by and defects . . .

ITT RAYONIER, INCORPORATED, a v. L. WADSWORTH,, 528 F.2d 1033 (5th Cir. 1976)

. . . exception to the operation of the Marketable Record Title Act provided by Florida Statutes, Section 712.03 . . . exception to the operation of the Marketable Record Title Act provided by Florida Statutes, Section 712.03 . . .

A. WERNLE, Sr. M. A. Sr. v. BELLEMEAD DEVELOPMENT CORPORATION, a DOPORCYK v. BELLEMEAD DEVELOPMENT CORPORATION, a, 308 So. 2d 97 (Fla. 1975)

. . . shall be free and clear of all claims except the matters set forth as exceptions to marketability in § 712.03 . . .

ITT RAYONIER INCORPORATED, a v. L. WADSWORTH, 386 F. Supp. 940 (M.D. Fla. 1975)

. . . have been extinguished, unless their interests are among those protected from extinction by Section 712.03 . . . Section 712.03 delineates specifically the interests which are not subject to extinction by the Act, . . . The specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section . . . record title as described by F.S. § 712.02, F.S.A., subject only to such limitations as appear in F.S. § 712.03 . . . See Section 712.03. The Court, in Reid v. . . .

L. REID E. v. H. BRADSHAW, 302 So. 2d 180 (Fla. Dist. Ct. App. 1974)

. . . The specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section . . . as concurred in by two other members of his Court, construed that the legislative intent of Chapters 712.03 . . . provisions of said subsections to exclude no other claims from extinction by the operation of said Sections 712.03 . . . The root of title showing defects inherent in the Muniment of Title, the exceptions contained in § 712.03 . . .

MODRALL, v. SAWYER,, 297 So. 2d 562 (Fla. 1974)

. . . . § 712.03, F.S.A., were applicable to the facts of the case. . . .

SAWYER, v. MODRALL,, 286 So. 2d 610 (Fla. Dist. Ct. App. 1973)

. . . years has a marketable record title free and clear of all claims except those enumerated in Section 712.03 . . . provides: “712.04 Interests extinguished by marketable record title. — Subject to the matters stated in § 712.03 . . .

TRUSTEES OF TUFTS COLLEGE, v. TRIPLE R. RANCH, INC. COMPASS ROSE CORPORATION, v. TRIPLE R. RANCH, INC. TRIPLE R. RANCH, INC. v. COMPASS ROSE CORPORATION,, 275 So. 2d 521 (Fla. 1973)

. . . shall be free and clear of all claims except the matters set forth as exceptions to marketability in § 712.03 . . . shall be free and clear of all claims except the matters set forth as exceptions to marketability in § 712.03 . . .

E. E. MARSHALL, A. v. HOLLYWOOD, INC. a, 236 So. 2d 114 (Fla. 1970)

. . . . § 712.03, F.S.A. . . .

E. WHALEY, Sr. v. E. WOTRING, W. H., 225 So. 2d 177 (Fla. Dist. Ct. App. 1969)

. . . record title to such estate in said land, which shall be free and clear of all claims except * * * ” “712.03 . . .

E. E. MARSHALL, A. v. HOLLYWOOD, INC. a, 224 So. 2d 743 (Fla. Dist. Ct. App. 1969)

. . . shall be free and clear of all claims except the matters set forth as exceptions to marketability in § 712.03 . . . The specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section . . . title bars the plaintiff’s claim unless the claim is exempt from marketability under either Section 712.03 . . . The plaintiff relies on the language of Section 712.03(1) reading: “Such marketable record title shall . . . of title is exempt from the effect of the marketable record title by any other provision of Section 712.03 . . .

WILSON v. B. KELLEY, 226 So. 2d 123 (Fla. Dist. Ct. App. 1969)

. . . to rely on a record title as described in § 712.02 subject only to such limitations as appear in § 712.03 . . . matters that must be investigated are based upon the exceptions to marketability set out in Section 712.03 . . .