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SOUTHWEST FLORIDA WATER MGT. v. SHEA

No. 2D11-1642.

86 So.3d 582 (2012)

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, Appellant/Cross-Appellee, v. Raymond J. SHEA and Mary Lou Shea; Don Gary Crabtree and Kaye Hadlock Crabtree (Parcel 20-503-196); Midflorida Federal Credit Union (Parcel 20-502-129); Titus L. Weflen and Angela R. Weflen; Greenpoint Mortgage Funding, Inc.; Citibank, N.A. (Parcel 20-503-207); Joe G. Tedder, CFC, Tax Collector of Polk County, Florida; and Marsha M. Faux, Property Appraiser of Polk County, Florida (all parcels), Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

April 27, 2012.

Attorney(s) appearing for the Case

Richard V. Neill, Jr. , of Neill, Griffin, Tierney, Neill & Marquis, Chartered, Fort Pierce; and William S. Bilenky , General Counsel, Jack R. Pepper , Deputy General Counsel, and Joseph J. Ward , Assistant General Counsel, Brooksville, for Appellant/Cross-Appellee.

Jack P. Brandon , Deborah A. Ruster , and Andrea Teves Smith of Peterson & Myers, Lake Wales, for Appellees/Cross-Appellants Raymond J. Shea and Mary Lou Shea.

No appearance for remaining Appellees/Cross-Appellants.

CRENSHAW, Judge.

Southwest Florida Water Management District (the District) appeals a final order awarding $380,000 in attorney's fees to Raymond J. Shea and Mary Lou Shea in an eminent domain proceeding. The District challenges the fees awarded under section 73.092(1)(b) and (2), Florida Statutes (2010). On cross-appeal, the Sheas argue that the trial court erred by awarding fees under section 73.092(1)(a), where it should have applied the lodestar factors listed...

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