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MALONE v. DIV. OF ADMIN., STATE, DEPT. OF TRANSP.

No. 81-1840.

438 So.2d 857 (1983)

Harry MALONE and Vonice Malone, His Wife, D/B/a Acme Processors, Inc., Appellants, v. DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 2, 1983.

Attorney(s) appearing for the Case

Brigham, Reynolds, Moore, Muire & Gaylord and Toby Prince Brigham, Miami, for appellants.

Margaret-Ray Kemper and Alan E. DeSerio, Tallahassee, for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.

NESBITT, Judge.

This appeal arises from an eminent domain proceeding in which the trial court ordered a partial new trial. We have jurisdiction. Fla.R.App.P. 9.110(a)(3).

The Malones owned a parcel of land adjacent to State Road 25 in Dade County. They had constructed thereon a processing plant which converted waste cooking grease into an ingredient used in animal feed. The state Department of Transportation (DOT) condemned the entire ownership for purposes...

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