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DEPARTMENT OF TRANSP., STATE OF FLORIDA v. MORRIS

No. 95-2345.

674 So.2d 926 (1996)

DEPARTMENT OF TRANSPORTATION, STATE of FLORIDA, Appellant, v. William T. MORRIS and Zandra C. Morris, Appellee.

District Court of Appeal of Florida, Fifth District.

June 7, 1996.

Attorney(s) appearing for the Case

Thornton J. Williams, General Counsel, and Gregory G. Costas, Assistant General Counsel, Department of Transportation, Tallahassee, for Appellant.

Scott J. Johnson of Maguire, Voorhis & Wells, P.A., Orlando, for Appellee.

PER CURIAM.

This is an appeal by the Department of Transportation of an attorney's fee award in an eminent domain action. The fee award in this case must be affirmed but we remind the trial court that under section 73.092, Florida Statutes (1993), the "benefit" received by the property owner is relevant in determining a reasonable fee. In this regard, the statute requires that a reasonable fee award "be calculated by considering the several statutory factors adjusted...

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