DEPT. OF TRANSP. v. CNL INCOME FUND VIII, LTD.

No. 5D01-3043.

823 So.2d 147 (2002)

DEPARTMENT OF TRANSPORTATION, Appellant, v. CNL INCOME FUND VIII, LTD., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 12, 2002.


Attorney(s) appearing for the Case

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

James M. Spoonhour and John T. Wettach, Jr., of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellees.


PLEUS, J.

The issue in this condemnation case is whether a variance obtained by the property owner's attorney constitutes a nonmonetary benefit for which the attorney is entitled to a fee under section 73.092, Florida Statutes. We agree with the trial court that the variance was a nonmonetary benefit and affirm the award of fees.

Florida's Department of Transportation ("DOT") appealed a final judgment awarding attorney's fees after an evidentiary hearing....

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