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STATE ROAD DEPARTMENT v. LEVATO

No. 340.

192 So.2d 35 (1966)

STATE ROAD DEPARTMENT of Florida, an Agency of the State of Florida, and Broward County, a Political Subdivision of the State of Florida, Appellants, v. Joseph V. LEVATO and Letizia Sabina Levato, His Wife, et al., Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearings Denied December 2, 1966.

Attorney(s) appearing for the Case

P.A. Pacyna and V. Carroll Webb, Tallahassee, for appellants.

Francis D. O'Connor and Harry G. Carratt, of Morgan, Carratt & O'Connor, Fort Lauderdale, for appellees.

WALDEN, Judge.

A final judgment awarding compensation to property owners was entered in eminent domain proceedings. The condemning authority appeals.

We are called upon to determine the proper application and effect of section 74.09, F.S. 1963, F.S.A. as it existed prior to its amendment in 1965. The 1963 section provides:

"74.09 Proceedings as evidence in main suit. The declaration of taking, the amount of the deposit and the report...

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