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SCUTTI v. STATE ROAD DEPARTMENT

No. 1527.

220 So.2d 628 (1969)

Gilbert SCUTTI and Ida M. Scutti, His Wife, Appellants, v. STATE ROAD DEPARTMENT of Florida, an Agency of the State of Florida, and Palm Beach County, a Political Subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida. Fourth District.

March 27, 1969.

Attorney(s) appearing for the Case

Robert McK. Foster, Palm Beach, for appellants.

George H. Bailey and John R. Beranek, of Jones, Adams, Paine & Foster, West Palm Beach, for appellees.

OWEN, Judge.

Appeal is taken by the defendants, Gilbert and Ida Scutti, from a final judgment in a condemnation suit brought by petitioners, State Road Department and Palm Beach County. At issue is the validity of the written waiver of damages which was executed by defendants in settlement of a dispute with the county over defendants' alleged violation of setback requirements. The trial court upheld the validity of the waiver. We find that the written waiver was invalid...

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