Bivens v. River Haven, Inc.

District Court of Appeal of Florida

Bivens v. River Haven, Inc.

137 So. 3d 431, 2014 WL 816801, 2014 Fla. App. LEXIS 2796

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 2014

DocketNo. 2D13-1834

StatusPublished

This text of 137 So. 3d 431 (Bivens v. River Haven, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bivens v. River Haven, Inc., 137 So. 3d 431, 2014 WL 816801, 2014 Fla. App. LEXIS 2796 (Fla. Ct. App. 2014).

Pincite

Opinion

KHOUZAM, Judge.

We review the trial court’s order denying the Appellants’ motion for apportionment of proceeds resulting from an eminent domain proceeding. The parties agree that the Appellants had an equitable interest in the land taken and that the trial court erred in finding that they are not entitled to compensation. The parties also agree that the trial court had the authority to order the distribution, despite its finding to the contrary.¹ We therefore reverse and remand with directions for the court to determine the value of the interest lost and to order the appropriate portion of the funds distributed. This determination may be based on the evidence already presented or, if necessary, the trial court may take additional evidence.

Reversed and remanded for proceedings consistent with this opinion.

WALLACE and CRENSHAW, JJ., Concur.

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KHOUZAM, Judge.

We review the trial court’s order denying the Appellants’ motion for apportionment of proceeds resulting from an eminent domain proceeding. The parties agree that the Appellants had an equitable interest in the land taken and that the trial court erred in finding that they are not entitled to compensation. The parties also agree that the trial court had the authority to order the distribution, despite its finding to the contrary.¹ We therefore reverse and remand with directions for the court to determine the value of the interest lost and to order the appropriate portion of the funds distributed. This determination may be based on the evidence already presented or, if necessary, the trial court may take additional evidence.

Reversed and remanded for proceedings consistent with this opinion.

WALLACE and CRENSHAW, JJ., Concur.

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Bluebook (online)

137 So. 3d 431, 2014 WL 816801, 2014 Fla. App. LEXIS 2796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bivens-v-river-haven-inc-fladistctapp-2014.