CITY OF NORTH MIAMI v. FLORIDA EAST COAST RY. CO.

No. 72-1210.

277 So.2d 62 (1973)

CITY OF NORTH MIAMI, a Florida Municipal Corporation, Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 22, 1973.


Attorney(s) appearing for the Case

Kahn & Clein, North Miami, for appellant.

Shutts & Bowen, Miami, for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.


HENDRY, Judge.

Appellant city seeks review of a final judgment entered in an eminent domain proceeding. No issue is taken by appellant over the amount of compensation awarded for the "taking". Controversy centers around appellee's counter-claim which resulted in a judgment against appellant for $30,594.05 and the award of costs and attorneys fees to appellee for their defense of the action and prosecution of the counter-claim.

The facts surrounding this controversy...

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