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REESE v. STATE, DEPT. OF TRANSP.

No. 98-4073.

743 So.2d 1227 (1999)

Bruce REESE and Lucy Reese d/b/a/ Industrial Park Shell a/k/a Reese Enterprises of South Florida, Inc., Appellants, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Fourth District.

November 17, 1999.

Attorney(s) appearing for the Case

Michael J. Ioannou of Mattlin & McClosky, Boca Raton, for appellants.

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

McCARTHY, TIMOTHY P., Associate Judge.

Appellants appeal from a denial of attorney's fees for matters arising out of eminent domain proceedings.

Appellee, State of Florida, Department of Transportation (DOT), instituted a "whole taking" eminent domain proceeding that resulted in the condemnation of property owned by third-party Shell Oil Company. The property was subject to a lease in favor of appellants. In the lease, appellants assigned to Shell all of their...

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