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MESSER v. SANDER

No. 1D13-3084.

144 So.3d 566 (2014)

Paul R. MESSER and Betty J. Messer, Appellants, v. Mark James SANDER and Julia Dils Sander, his wife, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 21, 2014.

Attorney(s) appearing for the Case

Larry E. Levy of The Levy Law Firm, Tallahassee, for Appellants.

Ross Stafford Burnaman , Tallahassee, for Appellees.

PER CURIAM.

Appellants appeal the trial court's order denying their request for a statutory easement pursuant to section 704.01(2), Florida Statutes,1 and their alternative request for a prescriptive easement. We agree that the trial court erred by denying Appellant's request for a statutory easement; thus, the prescriptive easement issue is moot and requires no additional comment.2

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