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KIRCHOFF v. MOULDER BROS., INC.

Nos. 80-184, 80-510.

391 So.2d 347 (1980)

W.E. KIRCHOFF, Jr., and William E. Kirchoff, Appellants, v. MOULDER BROTHERS, INC., John Moulder and Claudine Moulder, His Wife, and Edna M. Moulder, Appellees.

District Court of Appeal of Florida, Fifth District.

December 17, 1980.

Attorney(s) appearing for the Case

Phillip H. Logan of Shinholser, Logan & Moncrief, Sanford, for appellants.

John A. Baldwin of Baldwin & Dikeou, Fern Park, for appellees.

COBB, Judge.

Appellees (Moulders) brought an action against appellants (Kirchoffs) for slander of title and seeking injunctive relief and damages for trespass to realty. The count alleging slander of title was preliminarily dismissed by the trial court. The Kirchoffs' answer raised three affirmative defenses: prescriptive easement, implied easement, and statutory way of necessity under section 704.01, Florida Statutes. The Kirchoffs also filed a purported third-party...

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