STATE, DEPT. OF TRANSP. v. ABS PROPERTIES

No. 96-00395.

693 So.2d 703 (1997)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. ABS PROPERTIES PARTNERSHIP, a general partnership, d/b/a Best Western Clearwater Central And Econolodge; Robert E. Alpaugh; Kathleen P. Alpaugh; Robert E. Alpaugh, as trustee of the Robert E. Alpaugh 1992 Trust; Eugene E. Chaires, Jr., Edward M. Hanna, and Dorothy O. McKeehan, as trustees for Charles W. Birdsong; Donna L. Sitton; and E. Eugene Sitton, Appellees.

District Court of Appeal of Florida, Second District.

May 21, 1997.


Attorney(s) appearing for the Case

Thorton J. Williams, General Counsel, and Marianne A. Trussell, Assistant General Counsel, Tallahassee, for Appellant.

Raymond T. Elligett, Jr., of Schropp, Buell & Elligett, P.A., Tampa, and Patrick T. Maguire, Clearwater, for Appellees.


PATTERSON, Judge.

The Department of Transportation (DOT) appeals from an award of attorney's fees in an eminent domain proceeding. We reverse and remand for further evidentiary proceedings to determine reasonable attorney's fees under section 73.092(2), Florida Statutes (1995).

This case began as an ordinary eminent domain action when DOT filed a declaration of taking and petition to condemn a parcel of property as part of the widening of U.S. 19 in Pinellas...

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