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FLORIDA POWER CORP. v. LYNN

No. 91-01827.

594 So.2d 789 (1992)

FLORIDA POWER CORPORATION, a Florida Corporation, Appellant, v. Andrew J. LYNN and Richard M. Haber, As Co-Trustees of the Christine Priest Trust, and Andrew J. Lynn, Individually, As Tenants in Common, and Andrew J. Lynn, Lillian E. Lynn and Richard M. Haber, As Co-Trustees of the Andrew A. Lynn Trust; Citizens Bank of Clearwater, a Florida Banking Association; Hillsborough County, a Political Subdivision of the State of Florida; Joanne Hixon Shell F/K/a Joanne Hixon Mills and Julia Elaine Hixon Johnson; Lila Y. Hixon; E.E. Chaires, Jr.; Tait S. Scott and Dorothy Louise Scott; Federal Land Bank of Columbia, South Carolina, a Corporation Organized, Chartered and Existing under the Laws of the United States of America; Ada M. Manning and Walter W. Manning; Jean W. Smolek and Alfred W. Wilson, As Trustees of the Edward J. Smolek Family Trust, and Alfred W. Wilson, Individually; and Gary Edens and Jack J. Craparo, Appellees.

District Court of Appeal of Florida, Second District.

January 24, 1992.

Attorney(s) appearing for the Case

Albert H. Stephens, Harry A. Evertz, III, Christopher R. Fitzpatrick, and Pamela I. Smith of Florida Power Corporation, St. Petersburg; Bruce C. Crawford of Owen, Crawford and Owen, St. Petersburg; and Sylvia H. Walbolt, Gary L. Sasso and D. Matthew Allen of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellant Florida Power Corp.

Steven L. Brannock, Ellen Neil Kalmbacher and Roy E. Dean of Holland & Knight, Tampa, for appellees Shell and Johnson.

Louise B. Bothwell, Tampa, amicus curiae brief for Hillsborough County.

Paul A. Straske of Straske, Farfante & Trupp, P.A., Tampa, for appellee Chaires.

David H. Galloway, Plant City, for appellees Manning.

CAMPBELL, Judge.

Appellant, Florida Power Corporation (F.P.C.), appeals the final order denying a taking of three parcels of land which were the subject of F.P.C.'s condemnation action in the trial court. Appellees are the owners of the parcels at issue. Hillsborough County has appeared as amicus curiae and, in that capacity, has adopted appellees' answer brief. We reverse.

F.P.C. began its condemnation action under section 74.031, Florida Statutes (1983)...

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