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STATE EX REL. STATE ROAD DEPARTMENT v. WINGFIELD

No. A-72.

101 So.2d 184 (1958)

STATE of Florida ex rel. STATE ROAD DEPARTMENT of Florida, an Agency of the State of Florida, and County of Volusia, a Political Subdivision of the State of Florida, Relators, v. Robert H. WINGFIELD, as Judge of the Circuit Court, Seventh Judicial Circuit, in and for Volusia County, Florida, and Jess Mathas, as Clerk of said Court, Respondents.

District Court of Appeal of Florida. First District.

March 11, 1958.

Attorney(s) appearing for the Case

Charles W. Luther, Daytona Beach, Ross Stanton, Jr., Tallahassee, and Richard B. Austin, Jacksonville, for relators.

Tom B. Stewart, Jr., Jacksonville, for respondent Robert H. Wingfield.

STURGIS, Chief Judge.

The State Road Department of Florida and Volusia County brought condemnation proceedings in the Circuit Court of Volusia County to acquire property owned by F.B. Olcott and wife, among others, for road right-of-way purposes, and pursuant to Chapter 74, Florida Statutes 1955, F.S.A., became vested with title prior to final judgment. The declaration of taking did not contain a statement of the sum of money estimated by the condemning authorities...

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