STATE, DOT v. LAKEPOINTE ASSOCIATES

No. 98-3323.

745 So.2d 364 (1999)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. LAKEPOINTE ASSOCIATES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 8, 1999.


Attorney(s) appearing for the Case

Pamela S. Leslie, General Counsel and Marianne A. Trussell, Deputy General Counsel, Department of Transportation, Tallahassee, for Appellant.

Stephen Stratford of Stephen Stratford, P.A., Jacksonville and William S. Graessle of Winegeart, Graessle & MacKenzie, P.A., Jacksonville, for Appellee/Cross-Appellant Lakepointe Associates, for Appellee.


PADOVANO, J.

This is an appeal from a final order setting the amount of an attorney's fee in an eminent domain case. We conclude that the trial court erred in computing the fee based on the difference between the amount of the jury verdict and the value the Department placed on the landowner's property in its trial testimony. Because the Department had previously submitted a valid offer to purchase the property, the fee should have been based on the difference between...

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