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STATE, DOT v. WEGGIES BANANA BOAT

No. 89-02908.

576 So.2d 722 (1990)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. WEGGIES BANANA BOAT, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 4, 1991.

Attorney(s) appearing for the Case

Gregory G. Costas and Robert I. Scanlan of Dept. of Transp., Tallahassee, for appellant.

Michael W. Gaines and James A. Helinger, Jr., of James A. Helinger, Jr., P.A., Clearwater, and Alan E. DeSerio of Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster & Sachs, Tampa, for appellee.

FRANK, Judge.

The condemnation dispute between Weggies Banana Boat and the Department of Transportation (DOT) was first before this court upon the trial court's sua sponte order directing a mistrial as a result of two jurors having impeached the verdict immediately following its rendition. We reversed the trial court, treated the mistrial order as one granting a new trial, and "remand[ed] this matter [for] the trial court to reinstate the verdict and enter...

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