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STATE, DEPT. OF TRANSP. v. DAYSTAR, INC.

No. 95-0009.

674 So.2d 754 (1996)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. DAYSTAR, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied; remanded for award of attorney fees June 17, 1996.

Attorney(s) appearing for the Case

Thornton J. Williams and Marianne A. Trussell, Tallahassee, for appellant.

Robert A. Ware of English, McCaughan & O'Bryan, P.A., Fort Lauderdale, for appellee.

STONE, Judge.

We reverse a judgment awarding attorney's fees to Daystar under section 73.091, Florida Statutes (1989), which provides that the petitioner (the condemning authority) shall pay all reasonable costs in an eminent domain proceeding.

The department filed a petition to condemn property in June 1989. In December 1992, it made an offer of judgment of $181,000.00 which Daystar rejected. The department's offer stated that it was being made "pursuant...

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