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FLEISSNER v. DIVISION OF ADMIN., DEPT. OF TRANSP.

No. 73-932.

298 So.2d 547 (1974)

Erna FLEISSNER, Appellant, v. DIVISION OF ADMINISTRATION, STATE of Florida, DEPARTMENT OF TRANSPORTATION, and Lee County, Appellees.

District Court of Appeal of Florida, Second District.

August 9, 1974.

Attorney(s) appearing for the Case

Hugh E. Starnes of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellant.

Geoffrey B. Dobson, Gen. Counsel, and Barbara Dell McPherson, Asst. Atty., Tallahassee, for appellees.

MANN, Chief Judge.

The right-of-way for U.S. 41 was widened by 50 feet in front of Mrs. Fleissner's small motel. The jury awarded her $4250 for the taking and $2800 for severance damages. As to the taking, the range of expert testimony was $5100 to $11,686. As to severance, the range was $900 to $47,314. Thus, although the total awarded Mrs. Fleissner exceeds the total of the state's appraiser's estimate, the jury, being required to determine spearately the value...

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