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ENZOR v. RASBERRY

No. 93-850.

648 So.2d 788 (1994)

Rhett E. ENZOR, Jr., Appellant, v. William Clinton RASBERRY, Jr., Thomas B. Ray, Timothy E. Ray, and W.C. Rasberry, Appellees.

District Court of Appeal of Florida, First District.

December 23, 1994.

Attorney(s) appearing for the Case

Donald H. Partington of Clark, Partington, Hart, Larry, Bond, Stackhouse & Stone, Pensacola, for appellant.

Walter J. Smith, Smith, Grimsley, Remington, Bauman, Pinkerton, Petermann & Saxer, Fort Walton Beach, for appellees.

BENTON, Judge.

We review a final judgment quieting title to a road traversing property owned by plaintiffs below, William C. Rasberry, Jr., Thomas B. Ray, Timothy E. Ray, and W.C. Rasberry, who filed suit to extinguish Rhett E. Enzor, Jr.'s claim to a common law way of necessity across their land. We conclude that the trial court erred in finding that Mr. Enzor had reasonable and practicable alternative means of egress from and ingress to his property. We therefore...

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