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DEPARTMENT OF TRANSP. v. DUPLISSEY

No. 5D98-2908.

751 So.2d 117 (2000)

DEPARTMENT OF TRANSPORTATION, et al., Appellants, v. Larry S. DUPLISSEY, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

January 7, 2000.

Attorney(s) appearing for the Case

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

Vincent G. Torpy, Jr., Melbourne, for Appellee Charlotte Duplissey.

David W. Dyer, Indialantic, for Appellee Larry S. Duplissey.

ANTOON, C.J.

In this eminent domain case, the State of Florida Department of Transportation (DOT) appeals the trial court's order granting a new trial on the issue of severance damages. The pivotal issue is whether the jury's decision to award severance damages in an amount less than DOT's good faith deposit and less than the expert testimony submitted at trial concerning the value of severance damages requires the granting of a new trial. We answer this question...

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