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DEPARTMENT OF TRANSP. v. RFT PARTNERSHIP

No. 2D04-788.

906 So.2d 1161 (2005)

DEPARTMENT OF TRANSPORTATION, Appellant, v. RFT PARTNERSHIP, Appellee.

District Court of Appeal of Florida, Second District.

June 29, 2005.

Attorney(s) appearing for the Case

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

Jack P. Brandon and Deborah A. Ruster of Peterson & Myers, P.A., Lake Wales, for Appellee.

ALTENBERND, Chief Judge.

The Department of Transportation (DOT) appeals a final judgment awarding attorneys' fees for a nonmonetary benefit in an eminent domain proceeding. We reverse. This case is procedurally unusual. We decline to resolve the procedural issues because we conclude that the benefit obtained by the lawyers for their client was not the type of nonmonetary benefit for which the DOT is required to pay attorneys' fees.

I. THE FACTS

RFT...

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