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DEPARTMENT OF TRANSP. v. O'DONNELL

No. 5D99-2896.

775 So.2d 991 (2000)

DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, Appellant, v. James D. O'DONNELL, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 25, 2001.

Attorney(s) appearing for the Case

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

Raymond T. Elligett, Jr. of Schropp, Buell & Elligett, P.A., Tampa, and Fred C. Isaac of Foerster, Isaac and Yerkes, P.A., Jacksonville, for Appellees.

PER CURIAM.

The appellant, Department of Transportation [DOT], appeals an order awarding attorney's fees to appellee, James O'Donnell [O'Donnell], in an eminent domain proceeding. We reverse and remand for further proceedings.

O'Donnell owns an interest in the property that DOT initially considered taking. He is also the attorney who represented all of the owners in the eminent domain proceedings. DOT does not contend in these proceedings that O'Donnell is...

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