HANCOCK v. TIPTON

No. 97-02792.

732 So.2d 369 (1999)

Anthony R. HANCOCK and Francine T. Hancock a/k/a Kathy P. Hancock, his wife, Appellants/Cross-appellees, v. Ralph Edward TIPTON and Sylvia Tipton, his wife, Appellees/Cross-appellants, and Harold Tipton, his heirs or successors, and Polly Tipton, his wife, and James Tipton and Mary Tipton, his wife, Appellees/Cross-appellees.

District Court of Appeal of Florida, Second District.

February 19, 1999.


Attorney(s) appearing for the Case

Charles D. Waller of Charles D. Waller, P.A., Dade City, for Appellants/CrossAppellees.

David J. Murphy of Greenfelder, Mander, Hanson, Murphy & Dwyer, Dade City, for Appellees/Cross-Appellants.

Harold Tipton and Polly Tipton, pro se.


NORTHCUTT, Judge.

In this case the trial court made a laudable attempt to bring a simple end to a complicated and bitter dispute among neighboring property owners. Alas, we must reverse the final judgment. We conclude that the plaintiffs below are not entitled to relief against the defendants Hancock, but are entitled to an implied way of necessity over lands owned by the defendants Tipton. We remand for further proceedings.

BACKGROUND

The parties...

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