This section contains the nature of the case and procedural background.

P is the fee simple owner of an undeveloped, unplatted property bordered on the northeast by D, a residential development. On the northwest of P is bordered by the 'Stadium Jumping Site,' and on the east and west by unrelated parties, and on the south by the unbuilt extension of Lake Worth Road. P leases the Stadium Jumping Site to an entity called Stadium Jumping, Inc. Just north of Equestrian Club Estates, and the Stadium Jumping Site is Pierson Road, a public roadway running east and west. P sought access to its lot from Pierson Road via D's Road, a private roadway that runs south from Pierson Road through D. This all came about in 1993, when Tri-State Group, Inc. (Tri-State), a corporation owned by Glenn Straub, participated in a bankruptcy auction and was the winning bidder of P's lot and the Stadium Jumping Site. Tri-State did not take title to either the P's or the Stadium Jumping Site. Straub sought and obtained permission from the Resolution Trust Corporation to assign the purchase and sale agreement from Tri-State to two newly formed Florida corporations, dividing the properties between the two companies. Straub then formed corporations to effectuate this purpose. P took title to P's,' while another company, Polo, took title to the Stadium Jumping Site. The trial court found that Straub created the situation in which P's was allegedly landlocked. The trial court noted that, absent this assignment, Tri-State would have owned both properties, and P would not have been landlocked. The court ruled for D, and P appealed.

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