Staten v. Gonzalez-Falla

ON MOTION FOR CLARIFICATION

VAN NORTWICK, J.

The appellee’s motion for clarification is granted, our opinion filed on March 17, 2005 is hereby withdrawn, and the following opinion substituted therefor:

Shedrick Staten, as the personal representative of the Estate of Robert Taylor, appeals the trial court’s award to Celso M. Gonzalez-Falla, as trustee for the Gilman Article III Trust, of a statutory way of necessity across the Taylor property. Because the trial court did not restrict this easement to the uses which are permitted in section 704.01(2), Florida Statutes (2001), we reverse and remand.