Florida District Courts of Appeal, 1997

Gulf Oil Realty Co. v. Department of Transportation

Florida District Courts of Appeal · Decided January 10, 1997 · Dauksch, Griffin, Thompson

685 So. 2d 1032; 1997 Fla. App. LEXIS 114; 1997 WL 7167 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Alix v. State (Fla. Dist. Ct. App. 1995)
Bonn v. State (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

GRIFFIN, Judge.

We reverse the order dismissing appellant’s claim against the State Department of Transportation [“DOT”] for a way of necessity. The three grounds advanced by DOT *1033below and on appeal will not support dismissal with prejudice. Consistent with South Florida Water Management District v. Layton, 402 So.2d 597 (Fla. 2d DCA 1981), -we conclude that sovereign immunity does not bar a claim for a way of necessity pursuant to section 704.01(1), Florida Statutes. Nor can it be said, due to the sparseness of the allegations in the complaint, that appellant’s claim is time barred. Finally, we cannot agree that the City of Orlando is an indispensable party to the appellant’s way of necessity claim. Although appellant’s way of necessity claim may ultimately fail, the grounds asserted by DOT for dismissal at this stage are not legally sufficient.

REVERSED and REMANDED.

DAUKSCH and THOMPSON, JJ., concur.

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