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

No. 83-1931.

450 So.2d 1220 (1984)

DIVISION OF ADMINISTRATION, STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. Leo DECKER, Carl Shepard, and Dora J. Shepard, Appellees.

District Court of Appeal of Florida, Second District.

May 23, 1984.

Attorney(s) appearing for the Case

Janice G. Scott, Alan E. DeSerio, Craig M. Dickinson, and John H. Beck, Tallahassee, for appellant.

H. Rex Owen and Bruce Crawford of Owen & McCrory, St. Petersburg, and Thomas M. Gallen of Miller, Gallen, Kaklis & Venable, Bradenton, for the Shepards.

SCHEB, Judge.

The Department of Transportation (DOT) challenges the trial court's order awarding the defendants, Carl and Dora Shepard, attorneys' fees prior to conclusion of the proceedings in a condemnation action. We reverse.

In 1978 the DOT filed an eminent domain proceeding to condemn lands for a road project. DOT sought to acquire from defendants a temporary easement "for the period of construction ... [to] expire upon the completion of the construction...

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