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GUARRIA v. STATE ROAD DEPARTMENT OF FLORIDA

No. 59-329.

117 So.2d 5 (1960)

Charles GUARRIA and Helen Guarria, Teresa Picchi, Arthur Calore and Rose Calore, Walter M. Turnham and Eunice O. Turnham, Byrd V. Duke, Jr., and Paul H. Laufer, Ely Well and Edith Well, Elias A. Held and Louise Held, Lester M. Barlow and Beryl B. Barlow, Zelmer F. Griner and Odessa J. Griner, Appellants, v. STATE ROAD DEPARTMENT OF FLORIDA, an Agency of State of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 21, 1960.

Attorney(s) appearing for the Case

Duke & Laufer, Miami, for appellants.

Clyde G. Trammell, Jr., Tallahassee, for appellee.

HORTON, Chief Judge.

This is an appeal by several defendants from a judgment in eminent domain proceedings instituted by the appellee for the taking of certain lands for a limited access facility.

Two questions are posed by the appellants in this appeal, namely: (1) is the destruction or damage to a business of more than five years' standing compensable under § 73.10(4), Fla. Stat., F.S.A., where the land upon...

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