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HARTLEB v. STATE, DEPT. OF TRANSP.

No. 95-0667.

677 So.2d 336 (1996)

Robert HARTLEB, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing/Reconsideration Denied August 20, 1996.

Attorney(s) appearing for the Case

Douglas R. Bell and Charles Forman of Law Office of Bell & Bell, Fort Lauderdale, for appellant.

Thornton J. Williams, General Counsel, and Marianne A. Trussell, Assistant General Counsel, Tallahassee, for Appellee-State of Florida, Department of Transportation.

STONE, Judge.

We reverse trial court orders in this eminent domain action that deny Appellant's recovery of that portion of attorney's fees and costs incurred subsequent to Appellee's offer of judgment.

Section 73.092(7), Florida Statutes (1987), the agreed applicable eminent domain provision, reads, in pertinent part:

Where an offer of judgment made by the petitioner ... is either rejected or expires and the verdict or judgment is less than or equal...

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