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DEPT. OF TRANSP. v. SPRINGS LAND INV.

No. 96-2296.

695 So.2d 414 (1997)

DEPARTMENT OF TRANSPORTATION, etc., Appellant, v. SPRINGS LAND INVESTMENTS LTD., etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 11, 1997.

Attorney(s) appearing for the Case

Pamela S. Leslie, General Counsel, and Gregory G. Costas, Assistant General Counsel, Tallahassee, for Appellant.

Jay W. Small of Wilson, Leavitt & Small, P.A., Orlando, for Appellee Springs Land Investments, Ltd.

W. SHARP, Judge.

The Department of Transportation (DOT) appeals from an order which awarded Springs Land $145,553 for surveying, engineering and planning services relating to property condemned in an eminent domain proceeding. DOT argues that the trial court abused its discretion1 in awarding these fees because a substantial portion was unrelated to the eminent domain action. We agree and reverse.

Springs Land was the owner of...

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