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BEHM v. DIVISION OF ADMINISTRATION, ETC.

No. 56263.

383 So.2d 216 (1980)

Ray G. BEHM and Frances K. Behm, His Wife, Appellants, v. DIVISION OF ADMINISTRATION, State of Florida DEPARTMENT OF TRANSPORTATION, and Reno Orlando et al., Appellees.

Supreme Court of Florida.

On Rehearing May 15, 1980.

Attorney(s) appearing for the Case

James J. Richardson of Richardson Law Offices, P.A. and Barry Richard of Roberts, Miller, Baggett, LaFace, Richard & Wiser, Tallahassee, for appellants.

Alan E. DeSerio and H. Reynolds Sampson of Dept. of Transp., Tallahassee, for appellees.

McDONALD, Justice.

The Behms appeal the Fourth District Court of Appeal's determination that a condemnee in an eminent domain proceeding is not entitled to interest on a final judgment for the period of time during an unsuccessful appeal.1 Since the constitutionality of section 73.131(1), Florida Statutes (1969), was under attack, we have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution. While we agree that section...

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