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M & C ASSOCIATES v. STATE DEPT. OF TRANSP.

No. 95-05077.

682 So.2d 640 (1996)

M & C ASSOCIATES, INC. d/b/a Camellia Motels, Appellant, v. STATE of Florida, Department of Transportation, Appellee.

District Court of Appeal of Florida, Second District.

November 1, 1996.

Attorney(s) appearing for the Case

Alan E. DeSerio, Kimbel L. Merlin and Paul D. Bain of Brigham, Moore, Gaylord, Schuster, Merlin & Tobin, Tampa, for Appellant.

Thornton J. Williams, General Counsel, and Gregory G. Costas, Assistant General Counsel, Tallahassee, for Appellee.

PER CURIAM.

This appeal arises from an eminent domain proceeding that was settled through mediation. A stipulated final judgment was entered that incorporated the settlement agreement in which the parties agreed that the trial court would "reserve jurisdiction to assess any damage to pool caused by construction." After the Department of Transportation ("DOT") commenced construction, M & C Associates ("the owner") filed a motion seeking to enforce this provision...

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