KIDWELL

v.

REDMAN

Citator

Cited By

• Dixon v. Feaster, 448 So. 2d 554 (Fla. 5th DCA 1984)
  …statutory definition of “practicable” in section 704.03, Florida Statutes, and Walkup v. Becker, 161 So. 2d 893 (Fla. 1st DCA 1964), and Redman v. Kidwell, 180 So. 2d 682 (Fla. 2d DCA 1965), cert. den., 188 So. 2d 806 (Fla. 1966), appeal dismissed, 189 So. 2d 631 (Fla.1966), which they interpret as replacing the common law “strict necessity” rule with a more flexible “reasonable necessity” rule. Nonetheless, both the statute and these cases purport to adopt the common law way of necessity which rests upon th…
• Hynes v. City OF Lakeland, 451 So. 2d 505 (Fla. 2d DCA 1984)
  …sity,” especially when we apply the principle to a present day problem relating to easements and the inaccessibility of property. Cf. Redman v. Kidwell, 180 So. 2d 682, 684 (Fla. 2d DCA), cert. denied, 188 So. 2d 806 (Fla.1965), and appeal dismissed 189 So. 2d 631 (Fla.1966). First, section 704.01(1) does not restrict the application of the doctrine to any particular type of “lands or estates.” Additionally, the statute provides no limitation on the nature or physical makeup of the “way” sought to be imposed…
• Gertrude Berger and Howard Berger v. Lewison, 521 So. 2d 311 (Fla. 3d DCA 1988)
  …(Fla.1982); Jones v. Federal Farm Mortgage Corp., 138 Fla. 65, 188 So. 804 (1939); Abernathy v. Gruppo, 119 So. 2d 398 (Fla. 3d DCA 1960); Anderson v. Garber, 183 So. 2d 693 (Fla. 3d DCA 1966), cert. denied, 188 So. 2d 820 (Fla.), appeal dismissed, 189 So. 2d 631 (Fla.1966). Third, it accordingly follows that no error was committed below in denying Gertrude Berger’s motion to dismiss, in refusing to allow Howard Berger to intervene, in entering a partial judgment on Gertrude Berger’s homestead defense, and…

Authorities Cited

• Redman v. Kidwell, 180 So. 2d 682 (Fla. 2d DCA 1965)