DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
STANLEY S. DAVIDSON AND JUDITH L. DAVIDSON, HIS WIFE, ET AL., APPELLEES
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An appeal of an eminent domain award, while staying trial proceedings, does not preclude the trial court from taxing costs that do not affect the appeal's subject matter.
Dade County, as the successful petitioner in an eminent domain proceeding, appealed the compensation award. The appeal operated as a stay of trial pro…
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FERGUSON, Judge.
Appeal of amount of compensation award in eminent domain proceeding by Dade County, successful petitioner,1 operated as a stay of trial proceedings, under Rule 9.310(b)(2), Florida Rules of Appellate Procedure, but did not preclude the trial court from entering a non-final order retaining jurisdiction to tax reasonable costs where, as here, the taxing of costs would not affect or interfere with the subject matter of the plenary appeal or impinge on the appellate court’s power and authority to decide the issues raised.2 Bailey v. Bailey, 392 So. 2d 49 (Fla. 3d DCA 1981). The jurisdiction of the appellate court is exclusive only as to the subject matter of the appeal. Willey v. W. J. Hoggson Corp., 89 Fla. 446, 105 So. 126 (1925). Although the appeal of an eminent domain award automatically operated as a stay of the proceedings, the trial court may retain jurisdiction to decide matters collateral to the appeal. See Sunrise Beach, Inc. v. Phillips, 181 So. 2d 169, 172 (Fla. 2d DCA 1965).
Affirmed.
. Section 73.091, Florida Statutes (1979) has placed the entire responsibility for costs of a condemnation proceeding on the petitioner. . A cost judgment was not rendered here, so the issue of its reasonableness did not arise. If a cost determination is made after the entry of a final judgment and appeal has already been taken, review of the cost award is available to petitioner by separate appeal. Chatlos v. Hallandale, 220 So. 2d 353 (Fla. 1969); League of Mercy Assoc., Inc. v. Walt, 376 So. 2d 892 (Fla. 1st DCA 1979).
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McGURN v. Scott, 596 So. 2d 1042 (Fla. 1992)…underlying judgment for purposes of appeal. See Casavan v. Land O’Lakes Realty, Inc., 526 So. 2d 215 (Fla. 5th DCA 1988); C.B.T. Realty Corp. v. St. Andrews Cove I Condominium Ass’n, Inc., 508 So. 2d 409 (Fla. 2d DCA 1987); Dade County v. Davidson, 418 So. 2d 1231 (Fla. 3rd DCA 1982); Ruby Mountain Constr. & Dev. Corp. v. Raymond, 409 So. 2d 525 (Fla. 5th DCA 1982). The rationale behind these decisions is that an award of attorneys’ fees or costs is ancillary to, and does not interfere with, the subject matte…
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Finst Dev., Inc. v. Bemaor, 449 So. 2d 290 (Fla. 3d DCA 1983)…, 52 (Fla. 3d DCA 1981). Cf. Seaboard Coast Line Railroad Co. v. Lantz, 405 So. 2d 495 (Fla. 3d DCA 1981). Since the act of taxing attorneys’ fees and costs does not affect or interfere with the subject matter of the appeal, Dade County v. Davidson, 418 So. 2d 1231 (Fla. 3d DCA 1982); Ruby Mountain Construction & Development Corp. v. Raymond, 409 So. 2d 525 (Fla. 4th DCA 1982); Bailey v. Bailey, 392 -So. 2d 49, the trial court had jurisdiction to 'enter a judgment therefor, unless as Finst contends, the postin…1 / 2
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Garber v. State, 687 So. 2d 2 (Fla. 1st DCA 1996)…downer whose property is condemned is entitled to recover attorney’s fees and costs, as well as the value of the property that is taken. Schick v. Department of Agriculture and Consumer Servs., 599 So. 2d 641 (Fla.1992). See Dade County v. Davidson, 418 So. 2d 1231 (Fla. 3d DCA 1982); Florida Power and Light Co. v. Flichtbeil, 475 So. 2d 1250 (Fla. 5th DCA 1985), review denied, 486 So. 2d 597 (Fla.1986); Hodges v. Division of Admin., State, Dep’t of Transp., 323 So. 2d 275 (Fla. 2d DCA 1975); State Dep’t of Tr…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Willey v. W. J. Hoggson Corp., 89 Fla. 446 (Fla. 1925)
- Shuron Hester v. State, 312 So. 3d 173 (Fla. 1st DCA 2021)
- Bailey v. Bailey, 392 So. 2d 49 (Fla. 3d DCA 1981)
- Chatlos v. City OF Hallandale, 220 So. 2d 353 (Fla. 1968)
- Sunrise Beach, Inc. v. Phillips, 181 So. 2d 169 (Fla. 2d DCA 1965)
- League OF Mercy Ass'n, Inc. v. Thatcher Walt, 376 So. 2d 892 (Fla. 1st DCA 1979)