STATE ROAD DEPARTMENT OF FLORIDA v. HANCOCK

No. 71-133.

250 So.2d 307 (1971)

STATE ROAD DEPARTMENT OF FLORIDA, an Agency of the State of Florida, Appellant, v. Doris HANCOCK et al., Appellees.

District Court of Appeal of Florida, Second District.

July 9, 1971.


Attorney(s) appearing for the Case

Howard Hadley, General Counsel, Geoffrey B. Dobson, Asst. Atty., and Barbara Ann McPherson, Asst. Atty., Tallahassee, for appellant.

William C. McLean, Jr. and John C. Vogt, Jr., of McLean, McLean & Vogt, Tampa, for appellees.


MANN, Judge.

The State Road Department sought review here of a discovery order. We denied certiorari without opinion. Fla. Stat. § 73.131, F.S.A. (1969) states that the condemning authority "shall pay all reasonable costs of the proceedings in the appellate court, including a reasonable attorney's fee to be assessed by that court, * * *" (emphasis supplied)

The trial court assessed costs and fees after this court declined to do so, and the...

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