Kirchoff v. Moulder Bros., Inc.

COBB, Judge.

Appellees (Moulders) brought an action against appellants (Kirchoffs) for slander of title and seeking injunctive relief and damages for trespass to realty. The count alleging slander of title was preliminarily dismissed by the trial court. The Kirchoffs’ answer raised three affirmative defenses: prescriptive easement, implied easement, and statutory way of necessity under section 704.01, Florida Statutes. The Kir-choffs also filed a purported third-party action 1 against the prospective purchasers (Norton and Steel) of the realty who had executed a contract of sale with the…