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CSR PARTNERSHIP v. STATE, DEPT. OF TRANSP.

No. 98-04389.

741 So.2d 623 (1999)

CSR PARTNERSHIP, a Florida general partnership, and Plan C., Inc., d/b/a Children's Thrift Store, Appellants, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Second District.

September 24, 1999.

Attorney(s) appearing for the Case

Frank Lester Adams, III, Tampa, for Appellant.

Pamela S. Leslie, General Counsel, and Gregory C. Costas, Assistant General Counsel, Tallahassee, for Appellee.

BLUE, Judge.

The issue in this appeal is whether the timing of an offer of judgment in an eminent domain case is procedural or substantive. If procedural, the timing is controlled by the Florida Supreme Court's adopted rule, Florida Rule of Civil Procedure 1.442, which requires that an offer be served no later than forty-five days before trial. If substantive, section 73.032, Florida Statutes (1997), controls and requires that an offer be served no later than twenty...

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