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STATE, DEPT. OF TRANSP. v. SMITHBILT

No. 97-02849.

715 So.2d 963 (1998)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. SMITHBILT INDUSTRIES, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 13, 1998.

Attorney(s) appearing for the Case

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

John W. Frost, II, and John Marc Tamayo of Frost, O'Toole & Saunders, P.A., Bartow, for Appellee.

ALTENBERND, Judge.

The State of Florida, Department of Transportation (the Department), appeals an order awarding attorneys' fees and costs to Smithbilt Industries, Inc. (Smithbilt), on a business damages claim in an eminent domain proceeding. We affirm the trial court's decision to award fees pursuant to section 73.092(2), Florida Statutes (1995), because the claim for statutory business damages was tried after the issue of taking had been resolved and after all...

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