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DAMES v. 926 CO., INC.

No. 4D05-372.

925 So.2d 1078 (2006)

William S. DAMES, Sr. and Joy Carlista Dames, Appellants, v. 926 COMPANY, INC., Wachovia Bank, N.A., Delray Beach Community Redevelopment Agency and IR and AR, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 9, 2006.

Attorney(s) appearing for the Case

Temple Fett Kearns, Sidney C. Calloway and Edward J. O'Sheehan of Shutts & Bowen LLP, Fort Lauderdale, for appellants.

Michael D. Brown of Brown & Associates, P.A., Riviera Beach, for appellee 926 Company, Inc.

STEVENSON, C.J.

This appeal arises from the tenants' claim for apportionment of proceeds paid the property owner following the exercise of eminent domain powers and the taking of the property. The trial court denied the tenants' claim for apportionment finding they had no compensable interest in the property. We reverse.

The Proceedings Below

In December 2002, the Delray Beach Community Redevelopment Agency ("CRA") filed an eminent domain...

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