WENDELL THOMPSON, APPELLANT,

v.

FLORIDA PAROLE COMMISSION, APPELLEE

Citator

Cited By

• Palm Beach Polo Holdings, Inc. v. Equestrian Club Ests. Prop. Owners Ass'n, Inc., 949 So. 2d 347 (Fla. 4th DCA 2007)
  …preme Court has held that the test for an implied grant [*350] of way of necessity is “absolute necessity,” not just reasonable necessity. See Tortoise Island Cmtys., Inc. v. Moorings Ass’n, Inc., 489 So. 2d 22 (Fla.1986); see also Keene v. Jackson, 732 So. 2d 1138, 1139 (Fla. 1st DCA 1999) (“A way of necessity requires a showing of absolute necessity, rather than mere convenience”). In order to establish a way of necessity, the owner must prove: 1) both properties must have been owned by the same party; 2) th…
• Perkins v. Smith, 794 So. 2d 647 (Fla. 2d DCA 2001)
  …4.01(2) to mean “without the use of bridge, ferry, turnpike road, embankment, or substantial fill.” In order to accomplish the alternate route through other bordering land the road would require embankment and substantial fill. See Keene v. Jackson, 732 So. 2d 1138 (Fla. 1st DCA 1999); Trammell v. Ward, 667 So. 2d 223 (Fla. 1st DCA 1995); Walkup v. Becker, 161 So. 2d 893 (Fla. 1st DCA 1964). While the instant appeal is before us upon the standard of abuse of discretion, we conclude that the uncontroverted evi…

Authorities Cited

• Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
• Sheley v. Fla. Parole Comm'n, 703 So. 2d 1202 (Fla. 1st DCA 1997)