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STATE, DEPT. OF TRANSP. v. JAMES

No. 96-1004.

681 So.2d 886 (1996)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Edmund Christopher JAMES, Appellee.

District Court of Appeal of Florida, Third District.

October 23, 1996.

Attorney(s) appearing for the Case

Thornton J. Williams, Tallahassee, Gregory G. Costas, Miami, and Marianne A. Trussell, Tallahassee, for appellant.

White & Case and Eric S. Roth, Miami, for appellee.

Before NESBITT, COPE and SHEVIN, JJ.

SHEVIN, Judge.

State of Florida, Department of Transportation [DOT] appeals an order awarding attorney's fees to Edmund James pursuant to section 57.105(1), Florida Statutes (1993). We affirm.

In 1992, DOT sent a letter to James' predecessor-in-interest stating that a wall surrounding the predecessor's property encroached upon DOT's Old State Road 4-A right-of-way. James conducted a title examination, disputed DOT...

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