FREDERICK C. ADAMS AND DOROTHY L. ADAMS, HIS WIFE, APPELLANTS,
v.
DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ET AL., APPELLEES

Fla. 4th DCA | 1979-11-15
No. 78-1403
MOORE, J., and TENDRICH, MOIE J. L., Associate Judge, concur., ANSTEAD, J., dissents with opinion.
378 So. 2d 11 Florida District Court of Appeal, Fourth District (1979) Caution
Cited by 28 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

MOORE, J., and TENDRICH, MOIE J. L., Associate Judge, concur. ANSTEAD, J., dissents with opinion.

Dissent
ANSTEAD, Judge,

ANSTEAD, Judge,

dissenting:

In this condemnation proceeding I believe it was error for the trial court to admit evidence of the possible future condemnation of appellants’ land adjoining the parcel involved herein by the City of Boca Raton for use as low-cost housing and also to admit the opinion testimony of Boca Raton zoning officials that the appellants’ land would not be rezoned from residential to commercial in the future. City of Tampa v. Texas Company, 107 So. 2d 216 (Fla. 2d DCA 1958); Board of Commissioners of State Institutions v. Tallahassee Bank & Trust Co., 100 So. 2d 67 (Fla. 1st DCA 1958). The appellants should be granted a new trial.

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  • Colucci v. Colucci, 392 So. 2d 577 (Fla. 3d DCA 1980)
    …ildren. We find this case conceptually indistinguishable, therefore, from a veritable host of decisions in which, on similar facts, this and our fellow courts of appeal have held that permanent alimony is required as a matter of law. Smith v. Smith, 378 So. 2d 11 (Fla. 3d DCA 1979), cert. denied, 388 So. 2d 1118 (Fla.1980); Ciraco v. Ciraco, 363 So. 2d 53 (Fla. 3d DCA 1978); McCloskey v. McCloskey, 359 So. 2d 494 (Fla. 4th DCA 1978), cert. denied, 368 So. 1370 (Fla.1979); Gratton v. Gratton, 358 So. 2d 262 (…
  • Blum v. Blum, 382 So. 2d 52 (Fla. 3d DCA 1980)
    …aid or was required to pay for both of them, owned none. . E. g., Canakaris v. Canakaris, 382 So. 2d 1197, (Fla.1980); Rosenberg v. Rosenberg, 371 So. 2d 672 (Fla.1979), adopting 352 So. 2d 867 (Fla. App.) (Hubbart, J., dissenting); Smith v. Smith, 378 So. 2d 11 (Fla. 3d DCA 1979). . Indeed, the amounts awarded seem also to be beyond even the claimed needs of Mrs. Blum and her children. See note 1, supra, and accompanying text. . The effect of this determination is the reinstatement, at least for the time…
  • DE Cenzo v. de Cenzo, 433 So. 2d 1316 (Fla. 3d DCA 1983)
    …tatutes (1981); Holland v. Holland, 406 So. 2d 496 (Fla. 5th DCA 1981); Foss v. Foss, 392 So. 2d 606 (Fla. 3d DCA 1981); Colucci v. Colucci, 392 So. 2d 577 (Fla. 3d DCA 1981); Garrison v. Garrison, 380 So. 2d 473 (Fla. 4th DCA 1980); Smith v. Smith, 378 So. 2d 11 (Fla. 3d DCA 1979), cert. denied, 388 So. 2d 1118 (Fla. 1980); McCloskey v. McCloskey, 359 So. 2d [*1318] 494 (Fla. 4th DCA 1978). The classification of alimony as rehabilitative rather than permanent presents a question of law, and the application…

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