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KENDRY v. DIVISION OF ADMINSTRATION, STATE DEPARTMENT OF TRANSPORTATION

No. 75-1982.

341 So.2d 1012 (1977)

Reginald C. KENDRY et Ux., et al., Appellants, v. DIVISION OF ADMINISTRATION, STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 22, 1977.

Attorney(s) appearing for the Case

Gary S. Brooks, of Williams, Salomon, Kanner & Damian, Miami, for appellants.

Geoffrey B. Dobson, Gen. Counsel, and Jay P. Hendrickson, Tallahassee, for appellee.

PER CURIAM.

AFFIRMED.

CROSS and ALDERMAN, JJ., concur.

MAGER, C.J., dissents, with opinion.

MAGER, Chief Judge (dissenting):

The record reflects, in my opinion, appellants-landowners' entitlement to seek severance damages for the remainder of the real property taken by the State as a result of the State's violation of certain easement restrictions. In this regard the order of the trial court does not comport with this court's holding...

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