STATE, DEPT. OF TRANSP., ETC. v. FRABBIELE

No. 11352.

391 So.2d 1364 (1980)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. John W. FRABBIELE et ux.

Court of Appeal of Louisiana, Fourth Circuit.

December 9, 1980.


Attorney(s) appearing for the Case

William W. Irwin, Jr., Johnie E. Branch, Jr., and Robert L. Ledoux by Bryan Miller, Asst. Gen. Counsel, Baton Rouge, for plaintiff-appellant.

Harold E. Kytle, Kenner, for defendant-appellee.

Before BOUTALL, SCHOTT and CHEHARDY, JJ.


SCHOTT, Judge.

This case was previously before this court on appeal by the State of Louisiana through Department of Highways from a judgment which awarded defendant land owner the sum of $303,634 as an increase in the value of his property plus severance damages over and above the sum which the Department had deposited in the registry of the court. The judgment had also awarded attorney fees in the amount of $75,908, being 25% of the amount of the increase. See

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