Broward County v. Pizio

District Court of Appeal of Florida

Broward County v. Pizio

579 So. 2d 762, 1991 Fla. App. LEXIS 3652, 1991 WL 60865

CourtDistrict Court of Appeal of Florida

DecidedApril 24, 1991

DocketNo. 90-2306

StatusPublished

This text of 579 So. 2d 762 (Broward County v. Pizio) 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.

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Broward County v. Pizio, 579 So. 2d 762, 1991 Fla. App. LEXIS 3652, 1991 WL 60865 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We affirm, holding that it was not an abuse of discretion to preserve property in its present state for a jury view in eminent domain proceedings. See Annotation, Right to View by Jury in Condemnation Proceedings, 77 A.L.R.2d 548, 564 and cases cited therein. We need not and therefore do not answer the question whether use of the term “shall” in section 73.071(3)(b), Florida Statutes (1989), would prohibit an exercise of discretion denying a motion to preserve for jury view.

AFFIRMED.

HERSEY, C.J., and DOWNEY and WARNER, JJ., concur.

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PER CURIAM.

We affirm, holding that it was not an abuse of discretion to preserve property in its present state for a jury view in eminent domain proceedings. See Annotation, Right to View by Jury in Condemnation Proceedings, 77 A.L.R.2d 548, 564 and cases cited therein. We need not and therefore do not answer the question whether use of the term “shall” in section 73.071(3)(b), Florida Statutes (1989), would prohibit an exercise of discretion denying a motion to preserve for jury view.

AFFIRMED.

HERSEY, C.J., and DOWNEY and WARNER, JJ., concur.

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Bluebook (online)

579 So. 2d 762, 1991 Fla. App. LEXIS 3652, 1991 WL 60865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broward-county-v-pizio-fladistctapp-1991.