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CANAL AUTHORITY v. MILLER

Nos. J-454, J-455.

230 So.2d 193 (1969)

The CANAL AUTHORITY of the State of Florida, Etc., Appellant, v. J.T. MILLER, Jr., et al., Appellees. The CANAL AUTHORITY of the State of Florida, Etc., Appellant, v. C.S. HAYMAN et al., Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied February 6, 1970.

Attorney(s) appearing for the Case

Ralph E. Elliott, Jr., Jacksonville, for appellant.

J. Robert McClure, of McClure, Wigginton & McClure, Tallahassee, and Joe C. Miller, II, of Dowda, Millican & Miller, Palatka, for appellees.

CARROLL, DONALD K., Acting Chief Judge.

The petitioner in condemnation proceedings has appealed from an order entered by the Circuit Court for Putnam County denying its motion for a supplemental order of taking.

The sole question presented for our determination in this appeal is whether the said court erred in refusing to enter a supplemental order of taking based upon a determination by the condemning authority that the fee simple title was necessary where...

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