BOARD OF COM'RS OF STATE INST. v. TALLAHASSEE B. & T. CO.

No. A-288.

108 So.2d 74 (1958)

BOARD OF COMMISSIONERS OF STATE INSTITUTIONS, a constitutional governmental agency of the State of Florida, Appellant, v. TALLAHASSEE BANK AND TRUST COMPANY, as Administrator cum testamento annexo, Estate of John G. Riley, deceased; Winifred Lively Wesson, Caroline Lively Carraway, and Emily G. Lively; Trustees of the Church of God, a Florida corporation; and Hyman Myers, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied January 12, 1959.


Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Ralph M. McLane, Asst. Atty. Gen., H. Rex Owen, Special Asst. Atty. Gen., for appellant.

Caldwell, Parker, Foster, Madigan, Oven & Moriarty, Tallahassee, for appellees Tallahassee Bank and Trust Co. as Administrator of the Estate of John G. Riley, deceased, Winifred Lively Wesson, Caroline Lively Carraway, and Emily G. Lively.

Leo L. Foster, Tallahassee, for appellee Hyman Myers.

Truett & Watkins, Tallahassee, for appellee Church of God.


THORNAL, Associate Judge.

Appellant Board of Commissioners of State Institutions, which was petitioner below in an eminent domain proceeding, seeks reversal of a final judgment entered pursuant to a jury verdict fixing the amount of compensation and attorneys' fees to be paid to the appellees, who were the landowners.

Numerous points are cited as grounds for reversal. In the ultimate, however, our conclusion must turn on the contention of appellant that the...

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