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MIAMI-DADE COUNTY v. CITY NAT. BANK OF FLORIDA

No. 3D99-2230.

761 So.2d 368 (2000)

MIAMI-DADE COUNTY, f/k/a Dade County, a political subdivision of the State of Florida, Appellant, v. CITY NATIONAL BANK OF FLORIDA, f/k/a City National Bank of Miami, as Trustee, et al., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 26, 2000.

Attorney(s) appearing for the Case

Robert A. Ginsburg, Dade County Attorney, and Thomas Goldstein, Assistant County Attorney, for appellant.

Ruden, McClosky, Smith Schuster & Russell and Thomas R. Bolf (Ft.Lauderdale), for appellee.

Before LEVY and GERSTEN, JJ, and NESBITT, Senior Judge.

LEVY, Judge.

Miami-Dade County ("County") appeals from the trial court's Final Judgment wherein the trial court, after an eminent domain proceeding, awarded City National Bank of Florida ("Property Owner") $140,739.26 in attorneys' and expert witness fees. We reverse.

In 1992, the County decided to condemn a small segment of Property Owner's property. Property Owner sought severance damages from the County on the theory that, had there been no condemnation...

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