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DIVISION OF ADMIN., ETC. v. SHEPARD

No. 79-25.

382 So.2d 45 (1979)

DIVISION OF ADMINISTRATION, STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. Carl SHEPARD et al., Appellees.

District Court of Appeal of Florida, Second District.

November 9, 1979.

Attorney(s) appearing for the Case

Alan E. DeSerio, Kenneth M. Towcimak, David J. Baron and H. Reynolds Sampson of the Dept. of Transp., Tallahassee, for appellant.

H. Rex Owen of Owen & McCrory, St. Petersburg, and Thomas M. Gallen of Miller, Gallen, Kaklis & Venable, Bradenton, for appellees.

GRIMES, Chief Judge.

The issue in this case is whether a court should award interest under Section 74.061, Florida Statutes (1977), in the absence of a verdict.

The Department of Transportation commenced eminent domain proceedings against Carl Shepard to acquire his land for the reconstruction of a road in Manatee County, using Chapter 74, Florida Statutes (1977), in order to gain title and possession in advance of final judgment. The court entered an order...

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