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DEPARTMENT OF TRANSP. v. WINTER PARK GOLF CLUB

No. 95-2897.

687 So.2d 970 (1997)

DEPARTMENT OF TRANSPORTATION, State of Florida, Appellant, v. WINTER PARK GOLF CLUB, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

February 18, 1997.

Attorney(s) appearing for the Case

Thornton J. Williams, General Counsel, and Marianne A. Trussell, Assistant General Counsel, Department of Transportation, Tallahassee, for Appellant.

Michael P. McMahon and Erik E. Hawks of Akerman, Senterfitt & Eidson, P.A., Orlando, for Appellee Winter Park Pines Condominium Association, Inc.

No Appearance for other Appellees.

EN BANC

COBB, Judge.

The Department of Transportation (DOT) appeals the trial court's award of $67,000.00 as an attorney's fee and $27,862.50 as an appraisal fee in an aborted eminent domain action wherein the DOT initially took, and then relinquished, a ten foot easement for a sidewalk in Winter Park, Florida. The strip taken was from the rear of property owned by the Winter Park Pines Condominium (hereinafter the condominium), which is comprised...

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