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STATE DOT v. SKINNERS WHOLESALE NURSERY

No. 96-1417.

736 So.2d 3 (1998)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. SKINNERS WHOLESALE NURSERY, INC., et al., Appellees.

District Court of Appeal of Florida, First District.

November 20, 1998.

Attorney(s) appearing for the Case

Pamela S. Leslie, General Counsel; Gregory G. Costas, Assistant General Counsel, State of Florida, Department of Transportation, Tallahassee, for appellant.

David W. Foerster of Foerster, Isaac & Yerkes, P.A., Jacksonville, for appellees.

VAN NORTWICK, J.

The State of Florida Department of Transportation (DOT) seeks review of a judgment which awarded appellee Skinners Wholesale Nursery, Inc., $98,000 in appellate attorney's fees. The DOT argues that the amount of awarded fees is excessive and includes an enhancement for a contingency "risk factor" not authorized in eminent domain actions. Although we recognize that under appropriate circumstances an appellate attorney's fee in an eminent domain action...

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