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DEPT. OF TRANSP. v. ENTERPRISING PROF. INV.

No. 2D01-160.

809 So.2d 19 (2002)

DEPARTMENT OF TRANSPORTATION, Appellant, v. ENTERPRISING PROFESSIONAL INVESTMENT COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 8, 2002.

Attorney(s) appearing for the Case

Pamela S. Leslie, General Counsel, and Richard A. Weis, Assistant General Counsel, Tallahassee, for Appellant.

George N. Meros, Jr., Mark N. Miller, and Lori S. Rowe of Gray, Harris & Robinson, P.A., Tallahassee, for Appellee.

FULMER, Judge.

The Department of Transportation appeals from the award of litigation costs and an expert appraiser's fee to Enterprising Professional Investment Company (EPIC) in an eminent domain proceeding. We reverse because, in determining EPIC's entitlement to costs, the trial court failed to properly apply section 73.032(5), Florida Statutes (1999).1

On February 11, 2000, a final judgment was entered that incorporated a jury...

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