DIVISION OF ADMIN., STATE, DEPT. OF TRANSP. v. MORGAN

No. S-218.

281 So.2d 905 (1973)

DIVISION OF ADMINISTRATION, STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. William C. MORGAN et Ux., Appellees.

District Court of Appeal of Florida, First District.

September 4, 1973.


Attorney(s) appearing for the Case

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

John R. Godbee, De Land, for appellees.


PER CURIAM.

This matter is before us on appeal from an order awarding attorney's fees in an appellate action filed by the condemning authority where there was no motion for such fees filed in the appellate court, as provided by Rule 3.16, F.R.A.P., 32 F.S.A.

The State Department of Transportation had appealed to this Court a final judgment in condemnation and this Court had affirmed. No motion for attorney's fees had been filed with this Court. Subsequent...

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