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KRAUSE v. TITLE & TRUST CO. OF FLORIDA

No. 79-593/T2-19.

390 So.2d 805 (1980)

O. James KRAUSE, Eilene L. Krause, His Wife, and David W. Beane, Appellants, v. TITLE & TRUST COMPANY OF FLORIDA, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

December 3, 1980.

Attorney(s) appearing for the Case

Sally Dee Kest of Graham, Markel, Scott, Marlowe, Appleton & McDonough, P.A., Orlando, for appellants.

C. John Coniglio of John Coniglio, P.A., Wildwood, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

Appellants, O. James Krause, Eilene L. Krause, his wife, and David W. Beane, appeal from a judgment which denied their recovery of fees and costs incurred in an earlier suit to establish an access easement (way of necessity).1 Appellee Title & Trust Company of Florida had insured the title to the lands involved, but refused to participate in the suit to establish...

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