DIVISION OF ADMINISTRATION, STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT,
v.
GEORGE B. ESPEY, ET AL., APPELLEES

Fla. 3d DCA | 1982-03-23
No. 81-625
Before HUBBART, C. J., and HENDRY and FERGUSON, JJ.
413 So. 2d 71 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the final judgment based on a jury verdict awarding appellee $20,075 in this eminent domain action. The trial court properly allowed the jury to consider, as evidence of the value of the property, a comparable sale to the condemning authority subsequent to the date the declaration of taking was filed. See City of Fort Lauderdale v. Casino Realty, Inc., 313 So. 2d 649 (Fla.1975); Division of Administration, State, Department of Transportation v. Samter, 393 So. 2d 1142 (Fla. 3d DCA), pet. for rev. denied, 402 So. 2d 612 (Fla.1981); Wilkerson v. Division of Administration, State, Department of Transportation, 319 So. 2d 585 (Fla. 2d DCA 1975); Central and Southern Florida Flood Control District v. Dinkines, 165 So. 2d 189 (Fla. 3d DCA 1964); cf. Home Owners of Winter Haven, Inc. v. Polk County, 320 So. 2d 480 (Fla. 2d DCA 1975), cert. denied, 336 So. 2d 106 (Fla.1976).


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  • Getelman v. Burton R. Levey, 481 So. 2d 1236 (Fla. 3d DCA 1985)
    …1982). This includes evidence of prior sales, Staninger v. Jacksonville Expressway Authority, 182 So. 2d 483 (Fla. 1st DCA 1966), and evidence of subsequent comparable sales. Division of Administration, Florida Department of Transportation v. Espey, 413 So. 2d 71 (Fla. 3d DCA 1982), pet. for rev. denied, 429 So. 2d 5 (Fla.1983). “[Wjhere the time of the sale is not so remote as to destroy the evidentia-ry value of such testimony, it is largely within the discretion of the trial court to permit or exclude it.…

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