DEPARTMENT OF TRANSP. v. JACK'S QUICK CASH

No. 98-3249.

748 So.2d 1049 (1999)

DEPARTMENT OF TRANSPORTATION, etc., Appellant, v. JACK'S QUICK CASH, INC., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Clarification Denied January 4, 2000.


Attorney(s) appearing for the Case

Pamela S. Leslie and Gregory G. Costas, Tallahassee, for Appellant.

Wilbur E. Brewton and Kelly Brewton Plante of Gray, Harris & Robinson, P.A., Tallahassee, for Appellee.


GRIFFIN, J.

The State of Florida, Department of Transportation ["DOT"], appeals a cost award in an eminent domain proceeding. Because the costs at issue were incurred by the landowner in support of its unsuccessful business damage claim, the Department was not obliged to pay such costs. Accordingly, we reverse.

This case involves the 1992 partial taking by the DOT of three adjacent parcels of land—parcels 114, 115 and 116—which are located in...

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