Ganey v. Byrd

ROBERT P. SMITH, Jr., Judge.

Ganey appeals from an order dismissing his action with prejudice for repeated failure to state a cause of action to establish a statutory way of necessity over the lands of Byrd. Section 704.01(2), Florida Statutes (1979). A statutory way may be declared only if no other access exists by common law implication, Section 704.01(1), or by expressed grant. Appellant’s contract for deed with another neighbor, Shelby, secures appellant an equitable interest in the access easement expressly granted by the contract. By virtue of the same contract, appellant likewise has an…