UPTON v. STATE, DEPARTMENT OF TRANSPORTATION

No. Q-76.

270 So.2d 470 (1972)

J.B. UPTON and Virginia L. Upton, His Wife, Appellants, v. STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

December 19, 1972.


Attorney(s) appearing for the Case

Robert D. Canada, of Henderson, Richardson, Canada, Henry, Buchanan & Munroe, Tallahassee, for appellants.

Geoffrey B. Dobson and Barbara Ann McPherson, Tallahassee, for appellee.


JOHNSON, Judge.

This is an appeal from a final judgment, pursuant to a jury verdict, in a condemnation action and from order denying one item of costs.

It is revealed from the record on appeal that the appellants' farm, through and over which a right of way was being condemned, consisted of approximately 1040 acres. About 85 acres was being taken in the right of way; also 216 acres of the farm would be severed from the rest of the farm by the right of way...

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