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OOCEA v. TUSCAN RIDGE, LLC

No. 5D10-3470.

84 So.3d 410 (2012)

ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY, Appellant, v. TUSCAN RIDGE, LLC, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

March 30, 2012.

Attorney(s) appearing for the Case

Richard N. Milian and Edgar Lopez of Broad & Cassel, Orlando, and Beverly A. Pohl of Broad & Cassel, Fort Lauderdale, for Appellant.

Craig B. Willis of Fixel, Maguire & Willis, Tallahassee, for Appellee, Joseph B. Doerr Trust, etc.

No Appearance for Appellee, Tuscan Ridge, LLC.

Alan E. Deserio , Stuart, Amicus Curiae for Pacific Legal Foundation.

John A. Rogers , Tallahassee, Amicus Curiae for Florida Retail Federation.

Sanford A. Minkoff , Tavares, Amicus Curiae for Florida Association of County Attorneys.

COHEN, J.

Orlando/Orange County Expressway Authority ("OOCEA") appeals a final judgment awarding attorney's fees in the amount of $816,000 in an eminent domain proceeding. The primary issue on appeal concerns the lower court's refusal to limit attorney's fees awarded to the landowners to those permitted by section 73.092(1), Florida Statutes (2006), based on a pre-suit offer made by OOCEA. Because the issue involves the public interest, three amicus briefs have been...

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