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ANDERSON v. TOOLE

No. 75-1258.

329 So.2d 33 (1976)

V. Gaylord ANDERSON et al., Appellants, v. Richard E. TOOLE et al., Appellees.

District Court of Appeal of Florida, Second District.

March 24, 1976.

Attorney(s) appearing for the Case

Robert F. Vason, Jr., of Huebsch, Bowen & Vason, Eustis, for appellants.

Walter S. McLin, III, of Davis, McLin, Burnsed, Austin & Cyrus, P.A., Leesburg, for appellees.

GRIMES, Judge.

The plaintiffs (appellants) filed suit seeking access across the property of defendants (appellees) to State Road 19. Title to both properties devolved from a common grantor. The complaint requested declaratory and injunctive relief based upon one of three alternative remedies:

(1) implied grant of way of necessity pursuant to Fla. Stat. § 704.01(1) (1973); (2) statutory way of necessity pursuant to Fla. Stat. § 704.01(2...

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