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DIV. OF ADMIN., FLORIDA DOT v. DAVIS

No. 4-86-2022.

511 So.2d 686 (1987)

DIVISION OF ADMINISTRATION STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Appellant, v. Nellie DAVIS, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

On Motion for Rehearing September 15, 1987.

Attorney(s) appearing for the Case

Franz Eric Dorn, Appellate Atty., Algia Cooper, Trial Atty., A.J. Spalla, General Counsel, Dept. of Transp., Tallahassee, for appellant.

Alan E. Deserio of Brigham, Moore, Gaylord, Schuster & Sachs, Tallahassee, for appellees.

GLICKSTEIN, Judge.

This is an appeal from a Final Judgment and an Order Denying New Trial. We reverse.

Appellant ("DOT") filed a Petition in eminent domain to acquire certain property including parcel 120 owned by appellees, Neal Adams, Sr. and his wife, Ora Lee Adams. The Petition included a demand for trial by a jury of twelve (12) persons. Along with the Petition, DOT filed a Declaration of Taking to proceed under...

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