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STATE, DOT v. LaBELLE PHOENIX CORP.

No. 96-04759.

696 So.2d 947 (1997)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. LaBELLE PHOENIX CORPORATION, Cracker House Craftiques, Inc., et al., Appellees.

District Court of Appeal of Florida, Second District.

July 11, 1997.

Attorney(s) appearing for the Case

Pamela S. Leslie, General Counsel, and Marianne A. Trussell, Deputy General Counsel, Tallahassee, for Appellant.

John Jay Watkins of Watkins & Ramunni, P.A., LaBelle, for Appellee Cracker House Craftiques, Inc.

SCHOONOVER, Judge.

The State of Florida, Department of Transportation (DOT), challenges the amount of attorney's fees awarded to appellee, Cracker House Craftiques, Inc., in an eminent domain action. We find that the trial court erroneously applied section 73.092(2), Florida Statutes (1995), rather than section 73.092(1), Florida Statutes (1995), in determining the award. We, accordingly, reverse and remand for the entry of an award pursuant to section 73.092(1)....

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