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STATE, DEPT. OF TRANSP. v. BELLSOUTH TELECOMMUNICATIONS, INC.

Nos. 4D02-4623, 4D03-556, 4D03-600.

859 So.2d 1278 (2003)

STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. BELLSOUTH TELECOMMUNICATIONS, INC., a foreign corporation, Florida Power & Light Company, a Florida corporation, and Felix Equities, Incorporated, Appellees. Florida Power & Light Company, a Florida corporation, Appellant, v. Felix Equities Incorporated and State of Florida Department of Transportation, Appellees. Bellsouth Telecommunications, Inc., a foreign corporation, Appellant, v. Felix Equities Incorporated and State of Florida Department of Transportation, Appellees.

District Court of Appeal of Florida, Fourth District.

November 26, 2003.

Attorney(s) appearing for the Case

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

Carol A. Gart, John R. Hargrove and W. Kent Brown of Gordon Hargrove & James, P.A., Fort Lauderdale, for BellSouth Telecommunications, Inc.

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, and Cheryl Kempf, FPL-Law Division, Juno Beach, for Florida Power & Light Company.

PER CURIAM.

In this consolidated appeal, the Florida Department of Transportation ("DOT") appeals the final judgments entered for Florida Power & Light Company ("FPL") and BellSouth Telecommunications, Inc. FPL and BellSouth appeal the trial court's denial of motions requesting attorney's fees. We affirm the final judgments entered for FPL and BellSouth on the ground that DOT did not timely seek a trial de novo. We...

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