RICHARD S. DENMARK ET AL., PETITIONERS,
v.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, RESPONDENT
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A condemnee is entitled to appellate attorney fees even when the condemnor prevails on appeal, as provided by statute.
Petitioners/condemnees were awarded severance damages, but the appellate court reversed this award. The appellate court then denied petitioners' motio…
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SUNDBERG, Chief Justice.
We granted certiorari1 in this cause to review the January 13, 1979 order of the District Court of Appeal, Fourth District, denying appellate attorneys’ fees to petitioners/condemnees. We now disapprove the above order. After a jury verdict of $48,000 in this eminent domain proceeding, the trial judge entered a judgment notwithstanding the verdict of $229,850 in severance damages to petitioners. Respondent/condemnor appealed the award to the District Court of Appeal, Fourth District, which reversed. State Dept. of Transportation v. Denmark, 366 So. 2d 476 (Fla. 4th D.C.A. 1979). In a separate order, the district court denied petitioners’ motion for appellate attorneys’ fees.
Section 73.131(2), Florida Statutes (1979), provides:
The petitioner shall pay all reasonable costs of the proceedings in the appellate court, including a reasonable attorney’s fee to be assessed by that court, except upon an appeal taken by a defendant in which the judgment of the trial court shall be affirmed.
Faced with the identical statutory provision and similar factual circumstances, we held in State Road Dept. v. Levato, 199 So. 2d 714 (Fla.1967), that the condemnee was entitled to attorneys’ fees even though the condemnor prevailed on appeal. Accord, State Road Dept. of Florida v. Hancock, 250 So. 2d 307 (Fla. 2d D.C.A. 1971). Petitioners are thus entitled to an attorneys’ fee for appellate services in this case.
Accordingly, the order of the District Court of Appeal, Fourth District, denying attorneys’ fees is quashed. The cause is remanded to that court for proceedings not inconsistent with this opinion.
It is so ordered.
. ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur. . Art. V, § 3(b)(3), Fla.Const. (1972).
Cases With Similar Vibessemantic neighbors from the corpus
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Salley v. City OF ST. Petersburg, 511 So. 2d 975 (Fla. 1987)…GRIMES, Justice. We accepted jurisdiction in this case to review an order which is in apparent conflict with Denmark v. State Department of Transportation, 389 So. 2d 201 (Fla. 1980). Art. V, § 3(b)(3), Fla. Const. The City of St. Petersburg filed an action to condemn certain property owned by the petitioners as successor trustees of a Masonic Lodge. The petitioners were awarded $224,588.50 for the condemned propert…
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LEE Cnty. v. Tohari, 582 So. 2d 104 (Fla. 2d DCA 1991)…of attorney’s fees in the trial court. Section 73.131(2), Florida Statutes (1989), appears to mandate this result. Division of Admin., State Dep’t of Transp. v. Decker, 408 So. 2d 1056 (Fla. 2d DCA 1981). See also Denmark v. State Dep’t of Transp., 389 So. 2d 201 (Fla.1980). In setting the amount of the fee, however, it may be appropriate for the trial court to consider that the result obtained was not favorable and did not benefit the defendant.…
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Seminole Cnty. v. Boyle Inv. Co., 724 So. 2d 645 (Fla. 5th DCA 1999)…tes that the condemning authority must pay all reasonable costs of an appeal, including reasonable attorney’s fees, unless the appeal was filed by the landowner and the judgment of the lower court was affirmed. See Denmark v. State Dep’t of Transp., 389 So. 2d 201 (Fla.1980). We agree with the fourth district that we are not at liberty to ignore the unambiguous legislative language set forth in the statute. See Parker, 622 So. 2d at 1015. Here, Seminole County filed this appeal; therefore, Boyle is entitled…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gleason v. Leadership Hous., Inc., 366 So. 2d 476 (Fla. 4th DCA 1979)
- The State of Fla. Dep't OF Transp. v. Denmark, 366 So. 2d 476 (Fla. 4th DCA 1979)
- State Rd. Dep't of Fla. v. Levato, 199 So. 2d 714 (Fla. 1967)
- In re Petition of Mabel Werder, 250 So. 2d 307 (Fla. 4th DCA 1971)
- State Rd. Dep't OF Fla. v. Hancock, 250 So. 2d 307 (Fla. 2d DCA 1971)