🚨Wilcox v. [Appellee] — Atty Fees Under § 704.04 & Way of Necessity

Winton Wilcox and Theo Wilcox v. [Appellee] | Second District Court of Appeal, Florida Lawrence Callaway of Klein & Klein LLC argues on behalf of appellants Winton and Theo Wilcox, who were the plaintiffs below seeking a statutory way of necessity for their landlocked parcel of real property in Marion County, Florida. The case involves an appeal of an attorney's fees award entered against the Wilcoxes under § 704.04, Florida Statutes, based on an alleged unreasonable refusal to comply with pre-litigation requirements under § 704.012. Key issues addressed: Attorney's fees award under Florida Statute § 704.04 — whether the trial court abused its discretion in finding an "unreasonable refusal to comply" with pre-suit requirements Florida Statute § 704.012 — procedural requirements for establishing a statutory way of necessity for a landlocked parcel Competent substantial evidence standard: whether the record supports a finding of unreasonable refusal to comply Vitelli v. Haggar, 208 So. 2d 346 — burden on fee applicant to show unreasonable refusal Whether prescriptive access over neighboring properties defeated the need for a statutory easement Access dispute involving Southeast 147th Place, Sunset Harbor Road, and contiguous parcels in Marion County 🔗 Florida Rules & Legal Resources: www.floridarules.net #FloridaAppeal #SecondDCA #WayOfNecessity #704012 #704 #AttorneyFees #PropertyLaw #LandlockedParcel #RealEstate #Appellatelaw