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INTERESTED UNDERWRITERS v. ST. PETERSBURG

Nos. 2D03-1616, 2D03-1916.

864 So.2d 1145 (2003)

CERTAIN INTERESTED UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO CERTIFICATE NUMBER TPCLDP217477, as subrogee of Myria Major, Appellant, v. CITY OF ST. PETERSBURG, a municipality of the State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 31, 2003.

Attorney(s) appearing for the Case

Matthew L. Litsky, Stanley L. Martin, and Andrew W. Rosin of Phelps Dunbar, LLP, Tampa, for Appellant.

John C. Wolfe, City Attorney, and John Wallace Hamilton, Assistant City Attorney, St. Petersburg, for Appellee.

VILLANTI, Judge.

This case presents an issue of first impression in Florida concerning whether an innocent property owner can state a cause of action under the takings clause of either the Florida Constitution or the United States Constitution when the police destroy private property while executing a valid search warrant. The trial court held that neither constitution would support a cause of action for a taking under these facts. While we disagree with some of the...

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