George J. Baya and Mary Phillips Baya v. Central and Southern Florida Flood Control District

MORROW, R. O., Associate Judge. In Baya v. Central & Southern Florida Flood Control District, Fla.App.1964, 166 So.2d 846, this court affirmed in part and reversed in part a Final Decree which adjudicated to be public by prescription a rural road leading from the Williams heirs' lands north over the Bayas' lands to S.R. 70. This court reversed the chancellor's adjudication of public rights but sustained his findings that the Williams heirs had a private prescriptive right in the road both by necessity and by private adverse use. This court remanded the cause for entry of a decree ""consistent with those findings."" Upon remand the chancellor first modified his final decree by a decree pursuant to mandate, dated September 18, 1964, from which no appeal was taken, and then subsequently entered another order dated January 22, 1965, from which the Bayas now take this timely interlocutory appeal.