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TERRY v. CONWAY LAND, INC.

No. 86-514.

508 So.2d 401 (1987)

David E. TERRY, Mary E. Terry and George A. Terry, Jr., Appellants, v. CONWAY LAND, INC., Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 16, 1987.

Attorney(s) appearing for the Case

Robert N. Reynolds and Arnold David Barr, of Robert N. Reynolds, P.A., Miami, for appellants.

Fletcher G. Rush, of Rush, Marshall, Bergstrom, Reber & Gabrielson, P.A., and John A. Reed, Jr., of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for appellees.

ORFINGER, Judge.

This appeal is from a summary final judgment denying appellants' claim to an apportionment of an award entered in a condemnation suit in which the City of Orlando acquired the fee simple title to the property involved. The sole issue is whether appellants are entitled to an apportionment of the award based on a royalty interest reserved by their predecessors in title.

Appellees were the fee owners of the property at the time of the taking...

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