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STATE DEPT. OF TRANSP. v. NASSAU PARTNERS

No. 1D03-2506.

878 So.2d 1286 (2004)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. NASSAU PARTNERS, LTD., Appellee.

District Court of Appeal of Florida, First District.

August 10, 2004.

Attorney(s) appearing for the Case

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

William S. Graessle of William S. Graessle & Associates, P.A., Jacksonville, for Appellee.

ON MOTION FOR REHEARING [Original opinion at 29 Fla. L. Weekly D1330]

ERVIN, J.

We withdraw our previous opinion issued June 3, 2004, and substitute the following. Appellant, the Department of Transportation (DOT), appeals from two orders awarding fees and costs to the landowner, appellee Nassau Partners, Ltd., in an eminent domain proceeding. We affirm the first two issues relating to Nassau's entitlement...

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