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LYKES BROS., INC. v. CLEMENTS

No. 85-2725.

501 So.2d 1302 (1986)

LYKES BROS., INC., a Florida Corporation, Appellant, v. Ralph M. CLEMENTS, Marceleen L. Clements, William R. Clements, Diane J. Clements, Diane C. Hill, Thomas W. Hill, Marcia C. Boehme, Theodore F. Boehme, Ted S. Clements, Florida Citrus Nursery, L.C. Smith, III, John R. Dressel, Malcomb C. Watters, Jr., William L. Peeples, and Tropical Citrus Services, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 16, 1987.

Attorney(s) appearing for the Case

Claude H. Tison, Jr. and Stephen H. Sears of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

Joseph P. Mawhinney of Gibson & Lilly, Lake Wales, for appellees.

PER CURIAM.

Plaintiffs, appellee Clements and other landowners (hereafter Clements), brought this action to establish an easement across property owned by the defendant, appellant Lykes Bros., Inc. (hereafter Lykes). The trial judge found that an implied easement of necessity, section 704.01(1), Florida Statutes (1985), did arise in plaintiffs' favor over defendant's land, and a permanent injunction was entered restraining defendant from interfering with plaintiffs...

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