Baya v. Williams

LILES, Judge.

Appellants, plaintiffs below, bring this interlocutory appeal from an order of the chancellor striking portions' of plaintiffs’ second amended complaint.

The dispute involves a road traversing plaintiffs’ property and has been before this court several times in one form or another. In Baya v. Central & Southern Florida Flood Control District, 166 So.2d 846 (D.C.A.Fla.1964), this court held that the Williams heirs, appellees herein, had established a private prescriptive right 'in the disputed road. The cause was reversed and remanded to the court below for entry of the proper…