PARHAM v. REDDICK

No. 88-655.

537 So.2d 132 (1988)

Robert M. PARHAM and Jo Ann Parham, Appellants, v. Erwin K. REDDICK and Marjorie Reddick, and Gerald McQuinney and Vicki McQuinney, Appellees.

District Court of Appeal of Florida, First District.

December 29, 1988.


Attorney(s) appearing for the Case

David O. McGovern, Law Offices of S. David Cox, Gainesville, for appellants.

James E. Clayton, of Clayton, Johnston, Quincey, Ireland, Felder, Gadd, Smith & Roundtree, Gainesville, for appellees.


JOANOS, Judge.

Appellants Robert M. and Jo Ann Parham (the Parhams) appeal a final summary judgment denying their action for damages in trespass. Appellees Erwin and Marjorie Reddick and Gerald and Vickie McQuinney appeal an order denying their motion for attorney's fees. The issues raised on appeal are (1) whether a statutory way of necessity exists where a common law way of necessity is already in existence, (2) whether the party claiming the statutory way of necessity...

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