DADE COUNTY v. OOLITE ROCK COMPANY

No. 74-1042.

311 So.2d 699 (1975)

DADE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. OOLITE ROCK COMPANY, a Partnership, and Dr. John T. MacDonald Foundation, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 13, 1975.


Attorney(s) appearing for the Case

Stuart Simon, County Atty., and Joseph Komansky and Robert A. Ginsburg, Asst. County Attys., for appellant.

Hall & Hedrick, Mershon, Sawyer, Johnston, Dunwody & Cole and George W. Wright, Jr., Miami, for appellees.

Before PEARSON and HENDRY, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

This is an appeal by Dade County from an order awarding fees for the services of the attorneys for two of the landowner defendants in an action in eminent domain which was voluntarily dismissed prior to trial on the issue of necessity for the taking, which had been raised by defensive pleadings. The appellant contends the fees allowed were excessive. We find merit therein.

By its petition the county sought...

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