Seminole County v. Boyle Investment Co.

District Court of Appeal of Florida

Seminole County v. Boyle Investment Co.

719 So. 2d 1004, 1998 Fla. App. LEXIS 13804, 1998 WL 754330

CourtDistrict Court of Appeal of Florida

DecidedOctober 30, 1998

DocketNo. 97-2083

StatusPublished

Cited by3 cases

This text of 719 So. 2d 1004 (Seminole County v. Boyle Investment 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.

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Seminole County v. Boyle Investment Co., 719 So. 2d 1004, 1998 Fla. App. LEXIS 13804, 1998 WL 754330 (Fla. Ct. App. 1998).

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Opinion

DAUKSCH, Judge.

This is an appeal from attorney’s fees and costs awards in an eminent domain case.

We find no error in the method used and result obtained in setting the attorney’s fees, in this unique case.

We do find error in the award of expert witness fees for appellees’ experts who testified about the amount of fees to be awarded. State Farm Fire & Cas. Co. v. Palma, 629 So.2d 830 (Fla.1993); Department of Transp., State of Florida v. Robbins & Robbins, Inc., 700 So.2d 782 (Fla. 5th DCA 1997), cert. dismissed, 716 So.2d 769, 23 Fla. L. Weekly S424 (Fla.1998). We reverse that award.

We also find error in requiring appellant to pay interest on the fees award between the date of the settlement determining entitlement of the fees until the date of the determination by the court of the amount of the fees. The delay time between those events is not attributable to appellant in this case. See also Hartleb v. State, Dep’t of Transp., 711 So.2d 228 (Fla. 4th DCA 1998); State of Florida, Dep’t of Transp. v. Interstate Hotels Corp., 709 So.2d 1387 (Fla. 3d DCA 1998). The award of interest is reversed.

[1005]*1005AFFIRMED IN PART; REVERSED IN PART; REMANDED.

GRIFFIN, C.J., and ANTOON, J., concur.

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DAUKSCH, Judge.

This is an appeal from attorney’s fees and costs awards in an eminent domain case.

We find no error in the method used and result obtained in setting the attorney’s fees, in this unique case.

We do find error in the award of expert witness fees for appellees’ experts who testified about the amount of fees to be awarded. State Farm Fire & Cas. Co. v. Palma, 629 So.2d 830 (Fla.1993); Department of Transp., State of Florida v. Robbins & Robbins, Inc., 700 So.2d 782 (Fla. 5th DCA 1997), cert. dismissed, 716 So.2d 769, 23 Fla. L. Weekly S424 (Fla.1998). We reverse that award.

We also find error in requiring appellant to pay interest on the fees award between the date of the settlement determining entitlement of the fees until the date of the determination by the court of the amount of the fees. The delay time between those events is not attributable to appellant in this case. See also Hartleb v. State, Dep’t of Transp., 711 So.2d 228 (Fla. 4th DCA 1998); State of Florida, Dep’t of Transp. v. Interstate Hotels Corp., 709 So.2d 1387 (Fla. 3d DCA 1998). The award of interest is reversed.

[1005]*1005AFFIRMED IN PART; REVERSED IN PART; REMANDED.

GRIFFIN, C.J., and ANTOON, J., concur.

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719 So. 2d 1004, 1998 Fla. App. LEXIS 13804, 1998 WL 754330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seminole-county-v-boyle-investment-co-fladistctapp-1998.

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