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STATE v. BARBARA'S CREATIVE JEWELRY

No. 97-0918.

728 So.2d 240 (1998)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. BARBARA'S CREATIVE JEWELRY, INC., a Florida corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

June 24, 1998.

Attorney(s) appearing for the Case

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

Mark S. Ulmer, Miami, for appellees Barbara's Creative Jewelry, Inc. and Armando Cabrera d/b/a Cabrera Accounting Service.

Amy Brigham Boulris and Laura N. Camp of Brigham, Moore, Gaylord, Schuster Merlin & Tobin, Miami, for appellees Dorothy Murphy, Maring Bookkeeping Service, Inc., Halycon Yacht, Inc., Jeff Newman, d/b/a Jeff's Dirt Diggers, and Nails By Michelle, Inc.

WARNER, Judge.

In this eminent domain case, the Department of Transportation ("DOT") challenges a trial court order denying a "quick take" of a parcel of property in its entirety. DOT had sought condemnation of the entire parcel under section 337.27(2), Florida Statutes (1995), on the ground that a partial taking of the property would increase acquisition costs. The trial court denied the quick take because it found that there was a factual dispute as to whether the...

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