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K-MART CORP. v. ST. DEPT. OF TRANSP.

No. 93-01449.

636 So.2d 131 (1994)

K-MART CORPORATION, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Second District.

April 22, 1994.

Attorney(s) appearing for the Case

Michael W. Gaines of Michael W. Gaines, P.A., Clearwater, for appellant.

Thorton J. Williams and Gregory G. Costas, Tallahassee, for appellee.

PATTERSON, Judge.

K-Mart Corporation appeals from a final order which dismisses it with prejudice as a party in this eminent domain action. We reverse because the trial court erred in interpreting the lease agreement to preclude any recovery by K-Mart.

K-Mart operates one of its retail stores on land it leases in Pinellas County. The Department of Transportation (DOT) initiated a condemnation action involving a partial taking of the leased property for the...

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