STATE, DEPT. OF TRANSP. v. FINKELSTEIN

No. 92-2501.

629 So.2d 932 (1993)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Ida FINKELSTEIN, Alice Fox, and Tenneco Oil Company a/k/a TOC Retail, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied and Question Certified February 8, 1994.


Attorney(s) appearing for the Case

Thornton J. Williams, Gen. Counsel, and Gregory G. Costas, Asst. Gen. Counsel, Dept. of Transp., Tallahassee, for appellants.

Charles M. Phillips, Jr., Dunedin, for appellees.


JAMES C. DOWNEY, Senior Judge.

This is a plenary appeal by the Florida Department of Transportation (DOT) from a final judgment in an eminent domain proceeding arising out of the construction of Interstate I-595 in Broward County. The Appellees, Ida Finkelstein and Alice Fox, were the fee simple title holders and Appellee, Tenneco Oil Company, a/k/a TOC Retail, Inc. (Tenneco), is the lessee of the property in question, parcel 269.

The DOT filed a petition...

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