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CITY OF BOYNTON BEACH v. JANOTS

No. 4D05-2521.

929 So.2d 1099 (2006)

CITY OF BOYNTON BEACH, Appellant, v. Frank JANOTS, Theodore Ryan, Gerhart Degen, Robert P. Brown, Jr., Charles Felman, Sylvia Felman, State of Florida, and United States of America, Appellees.

District Court of Appeal of Florida, Fourth District.

May 3, 2006.

Attorney(s) appearing for the Case

Kerry L. Ezrol and Michael D. Cirullo, Jr. of Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, for appellant.

Erskine C. Rogers, III of Rutherford Mulhall, P.A., Palm Beach Gardens, for Appellees Theodore Ryan and Gerhart Degen.

STONE, J.

In this eminent domain action, we reverse an order awarding attorney's fees under section 73.092, Florida Statutes. The issue is which of two letters from the city attorney of Boynton Beach (City) to property owners constituted an "offer" to the owners for the purpose of determining the date from which to compute entitlement to attorney's fees. We find the nature of the first letter to be dispositive.

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