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DIVISION OF ADMIN., ETC. v. SAMTER

No. 80-1014.

393 So.2d 1142 (1981)

DIVISION OF ADMINISTRATION, STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. Ronald A. SAMTER et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 4, 1981.

Attorney(s) appearing for the Case

H. Reynolds Sampson, Tallahassee, for appellant.

Brigham, Reynolds, Byrne & Moore and Robert C. Byrne, Miami, for appellees.

Before SCHWARTZ, NESBITT and BASKIN, JJ.

SCHWARTZ, Judge.

The Department of Transportation appeals from a $15,000 jury award and judgment for severance damages1 to a parcel in northwest Dade County it had condemned for interstate highway purposes. It contends that the sole evidence which supports this aspect of the judgment was improperly admitted at the trial. We agree and reverse.

The property taken, some 3.8 acres of a 10 acre tract, was acquired to construct an embankment...

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