Martinez v. Giordano

We are presented with an appeal and a cross-appeal from a final judgment in which the trial judge found the existence of an easement for a way of necessity upon the property of the appellants, Armando B. Martinez and Esther B. Martinez, his wife. The fundamental question presented is whether the evidence was sufficient to establish a way of necessity under the law of the State of Florida. See Reyes v. Perez, 284 So.2d 493 (Fla. 4th DCA 1973); and Section 704.01, Florida Statutes (1973). In addition, both parties urge that the trial court erred in failing to grant to them damages.

The record…