Department of Transportation v. Morris

District Court of Appeal of Florida

Department of Transportation v. Morris

674 So. 2d 926, 1996 Fla. App. LEXIS 6042, 1996 WL 303068

CourtDistrict Court of Appeal of Florida

DecidedJune 7, 1996

DocketNo. 95-2345

StatusPublished

This text of 674 So. 2d 926 (Department of Transportation v. Morris) 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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Department of Transportation v. Morris, 674 So. 2d 926, 1996 Fla. App. LEXIS 6042, 1996 WL 303068 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

This is an appeal by the Department of Transportation of an attorney’s fee award in an eminent domain action. The fee award in this case must be affirmed but we remind the trial court that under section 73.092, Florida Statutes (1993), the “benefit” received by the property owner is relevant in determining a reasonable fee. In this regard, the statute requires that a reasonable fee award “be calculated by considering the several statutory factors adjusted up or down by the benefits resulting to the client from the services rendered....” Seminole County v. Delco Oil, Inc., 669 So.2d 1162, 1169 (Fla. 5th DCA 1996) (emphasis added). We also correct the scrivener’s error in paragraph 15 of the final judgment. The correct amount is $101,-101.16.

AFFIRMED as corrected.

HARRIS, THOMPSON and ANTOON, JJ., concur.

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PER CURIAM.

This is an appeal by the Department of Transportation of an attorney’s fee award in an eminent domain action. The fee award in this case must be affirmed but we remind the trial court that under section 73.092, Florida Statutes (1993), the “benefit” received by the property owner is relevant in determining a reasonable fee. In this regard, the statute requires that a reasonable fee award “be calculated by considering the several statutory factors adjusted up or down by the benefits resulting to the client from the services rendered....” Seminole County v. Delco Oil, Inc., 669 So.2d 1162, 1169 (Fla. 5th DCA 1996) (emphasis added). We also correct the scrivener’s error in paragraph 15 of the final judgment. The correct amount is $101,-101.16.

AFFIRMED as corrected.

HARRIS, THOMPSON and ANTOON, JJ., concur.

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Bluebook (online)

674 So. 2d 926, 1996 Fla. App. LEXIS 6042, 1996 WL 303068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-transportation-v-morris-fladistctapp-1996.

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