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DEAN v. STATE ROAD DEPARTMENT

No. 62-487.

165 So.2d 257 (1964)

Wayne Vernon DEAN, Martin Kaufman and Albert Wright, as Trustees of the Church of the Brethren, Appellants, v. STATE ROAD DEPARTMENT of Florida, an Agency of the State of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 24, 1964.

Attorney(s) appearing for the Case

Louis Vernell, Miami Beach, for appellants.

P.A. Pacyna, Jack W. Pierce and Robert D. Canada, Tallahassee, for appellee.

Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.

TILLMAN PEARSON, Judge.

The appellant received a jury verdict of $24,500 in a condemnation proceeding brought by the appellee, State Road Department of Florida. The property taken was a part of a parcel of land upon which the appellants, Church of the Brethren, maintained a house of worship. At the trial the only issue was the value of the property taken. After the verdict the trial judge granted appellee's motion for a new trial upon the following grounds:

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