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DAVIS v. STATE, DEPT. OF TRANSP.

No. 97-02705.

717 So.2d 61 (1998)

Hershel L. DAVIS; Olga B. Davis; Aaron Davis, as Curator of the Estate of Juanita Davis, deceased, d/b/a Davis Monument Company; and DeLee Motley, as Curator of the Estate of Juanita Davis, deceased, d/b/a Davis Monument Company, Appellants, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Second District.

Granted on Rehearing July 14, 1998.

Attorney(s) appearing for the Case

Judith J. Flanders and Mark N. Miller, Lakeland, for Appellant.

Pamela S. Leslie, General Counsel, and Vance W. Kidder, Assistant General Counsel, Tallahassee, for Appellee.

Attorney Fee Granted on Rehearing July 14, 1998.

CASANUEVA, Judge.

The trial of this eminent domain action raised issues of greed, intrigue, and intrafamily relationships. Unfortunately, those issues were not relevant to this action, and we must reverse because the trial court admitted certain prejudicial evidence that adversely influenced the jury's damage award in this partial taking.

The State of Florida Department of Transportation (DOT) filed...

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