Division of Administration, State Department of Transportation v. Consolidated-Tomoka Land Co.

District Court of Appeal of Florida

Division of Administration, State Department of Transportation v. Consolidated-Tomoka Land Co.

448 So. 2d 12, 1984 Fla. App. LEXIS 12207

CourtDistrict Court of Appeal of Florida

DecidedMarch 7, 1984

DocketNos. 82-1462, 82-1622

StatusPublished

Cited by3 cases

This text of 448 So. 2d 12 (Division of Administration, State Department of Transportation v. Consolidated-Tomoka Land Co.) 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

Division of Administration, State Department of Transportation v. Consolidated-Tomoka Land Co., 448 So. 2d 12, 1984 Fla. App. LEXIS 12207 (Fla. Ct. App. 1984).

Pincite

Opinions

PER CURIAM.

Reversed and remanded for a new trial. While it appears that the evidence was undisputed that the appellee land owner lost all access to its land from the east, west and north by virtue of the appellant’s taking, we do not believe the evidence was sufficiently undisputed as to access available from the south to authorize the trial court to take the issue of loss of access and its consequences away from the jury. Cf. In re Division of Admin. v. St. Regis Paper Co., 402 So.2d 1207 (Fla. 1st DCA 1981). Because we are vacating the final judgment we also reverse the award of attorney’s fees predicated thereon.

ANSTEAD, C.J., HURLEY, J., and WES-SEL, JOHN D., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Reversed and remanded for a new trial. While it appears that the evidence was undisputed that the appellee land owner lost all access to its land from the east, west and north by virtue of the appellant’s taking, we do not believe the evidence was sufficiently undisputed as to access available from the south to authorize the trial court to take the issue of loss of access and its consequences away from the jury. Cf. In re Division of Admin. v. St. Regis Paper Co., 402 So.2d 1207 (Fla. 1st DCA 1981). Because we are vacating the final judgment we also reverse the award of attorney’s fees predicated thereon.

ANSTEAD, C.J., HURLEY, J., and WES-SEL, JOHN D., Associate Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

448 So. 2d 12, 1984 Fla. App. LEXIS 12207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/division-of-administration-state-department-of-transportation-v-fladistctapp-1984.

Opinions

Related

Cite This Page — Counsel Stack