GULF OIL REALTY COMPANY, ETC., AND JANAK SHAH, ETC., APPELLANTS,
v.
DEPARTMENT OF TRANSPORTATION, ETC., ET AL., APPELLEES

Fla. 5th DCA | 1997-01-10
Nos. 95-3287, 96-9
DAUKSCH and THOMPSON, JJ., concur.
685 So. 2d 1032 Florida District Court of Appeal, Fifth District (1997) Positive Treatment
Cited by 4 cases
Topics
Way Of Necessity Sovereign Immunity Statute Of Limitations

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Opinion of the Court
GRIFFIN, Judge.

GRIFFIN, Judge.

We reverse the order dismissing appellant’s claim against the State Department of Transportation [“DOT”] for a way of necessity. The three grounds advanced by DOT below and on appeal will not support dismissal with prejudice. Consistent with South Florida Water Management District v. Layton, 402 So. 2d 597 (Fla. 2d DCA 1981), -we conclude that sovereign immunity does not bar a claim for a way of necessity pursuant to section 704.01(1), Florida Statutes. Nor can it be said, due to the sparseness of the allegations in the complaint, that appellant’s claim is time barred. Finally, we cannot agree that the City of Orlando is an indispensable party to the appellant’s way of necessity claim. Although appellant’s way of necessity claim may ultimately fail, the grounds asserted by DOT for dismissal at this stage are not legally sufficient.

REVERSED and REMANDED.

DAUKSCH and THOMPSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Alix v. State, 650 So. 2d 194 (Fla. 2d DCA 1995)
    …on, the trial court imposed an assessment for the court improvement fund with no citation to the statutory authority and imposed costs of prosecution without following the statutory procedure. Accordingly, we strike these costs. See Sutton v. State, 685 So. 2d 1032 (Fla. 2d DCA 1994). On remand, the state may seek reimposition if it follows the dictates of Sutton. Affirmed in part, reversed in part, and remanded. SCHOONOVER, A.C.J., and PATTERSON and BLUE, JJ., concur.…
  • Bonn v. State, 686 So. 2d 5 (Fla. 2d DCA 1996)
    …thority for the costs imposed. Accordingly, we strike the costs imposed without prejudice for the trial court to reimpose the costs after proper findings and citations are made. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Sutton v. State, 685 So. 2d 1032 (Fla. 2d DCA 1994). The state also concedes, and we agree, that the $1,000 public defender fee must be stricken without prejudice to the court to reimpose it after making proper findings and giving appellant the opportunity to object. CAMPBELL,…

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