SIMPSON v. FILLICHIO

No. 89-1253.

560 So.2d 331 (1990)

Emmett C. SIMPSON, Evelyn R. Simpson and Linda Simpson, Appellants, v. Bennie FILLICHIO and Minnie Fillichio, and State of Florida, Department of Transportation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 31, 1990.


Attorney(s) appearing for the Case

Bob Byrne and Lauri Waldman Ross of Kelly, Black, Black, Byrne, Craig & Beasley, P.A., Miami, for appellants.

Thomas E. Byrd of Byrd and Murphy, Fort Lauderdale, for appellees-Bennie Fillichio and Minnie Fillichio.


LETTS, Judge.

After a final judgment of condemnation, a dispute arose over the apportionment of the award among the owners/lessors and the long-term lessees. The owners claimed, under the condemnation clause of the lease, that they were entitled to that "portion of the award made for the land taken" unencumbered by the lease. The lessees argue that the value of the land should be subject to the lease. The trial court agreed with the latter interpretation. We reverse...

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