DIV. OF ADMIN. STATE, DEPT. OF TRANSP. v. CONSOLIDATED-TOMOKA LAND CO.

Nos. 82-1462, 82-1622.

448 So.2d 12 (1984)

DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Appellant, v. CONSOLIDATED-TOMOKA LAND COMPANY, INC., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 25, 1984.


Attorney(s) appearing for the Case

Alan E. DeSerio and Robert I. Scanlan, Tallahassee, for appellant.

Larry Klein, West Palm Beach, and John Brennan of Brennan, McAliley, Hayskar & McAliley, Fort Pierce, for appellees.


PER CURIAM.

Reversed and remanded for a new trial. While it appears that the evidence was undisputed that the appellee land owner lost all access to its land from the east, west and north by virtue of the appellant's taking, we do not believe the evidence was sufficiently undisputed as to access available from the south to authorize the trial court to take the issue of loss of access and its consequences away from the jury. Cf. In re Division of Admin. v. St. Regis...

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