BROWARD COUNTY, APPELLANT,
v.
GREYHOUND RENT-A-CAR, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
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Broward County's appeal of a condemnation order is granted because the trial court ordered deposit of funds for property not alleged to be condemned, constituting fundamental error despite the county's procedural waiver.
A trial court commits fundamental error when it orders a condemning authority to deposit funds in the court registry for property not alleged in the pleadings to be the subject of condemnation.
[1] A trial court commits fundamental error in a condemnation proceeding by ordering the condemning authority to deposit funds for property not alleged in the pleadings to be…
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Join FLexlaw to unlock all legal intelligenceBroward County appealed an order of taking in a condemnation proceeding. The trial court required the county to deposit $200,000 in the court registry…
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GLICKSTEIN, Judge.
This is an appeal by Broward County from an order of taking. In the absence of fundamental error, we would affirm because the county let everything occur in the trial court about which it now complains without objection. On appeal it raises several arguable positions about which it was mute when the hearing was being conducted. All of the questions posed by the property owner’s attorney stood without objection as did the trial court’s interruption of the county’s attorney in the questioning of the county’s witness. Further, there was no objection to the closing argument of the property owner’s attorney nor any argument by the county. Accordingly, the train ordinarily would have left the station.
Fortunately for the taxpayers of Broward County, given the complete absence of basis in the pleadings for the trial court’s action, coupled with the dire need for the strict accounting of all limited public funds available for all governmental purposes, we believe fundamental error to have occurred. Specifically, the trial court required Broward County, the condemning authority, to place money in the registry of the court for a parcel of property which was not alleged by said authority to be the subject of condemnation. Accordingly, we reverse and remand with directions to reduce the sum which has been deposited in the registry of the court by $200,000.00.
BERANEK and HURLEY, JJ., concur.
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Brown v. State, 610 So. 2d 1356 (Fla. 1st DCA 1992)…ndamental error and may be presented for the first time on appeal. Appellate courts have inherent power to correct fundamental error in the absence of preservation by timely objection in the trial court. Broward County v. Greyhound Rent-a-Car, Inc., 435 So. 2d 309 (Fla. 4th DCA 1983); Keyes Co. v. Sens, 382 So. 2d 1273 (Fla. 3rd DCA 1980). Although it is not pellucidly clear which issues qualify as fundamental error, the general rule is that arguments relating to the constitutionality of the statute must be p…
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O'Brien v. Fla. Birth-Related Neurological Injury Comp. Ass'n, 710 So. 2d 51 (Fla. 4th DCA 1998)…ng); Stoner v. Verkaden, 493 So. 2d 1126 (Fla. 4th DCA 1986) (trial court struck pleadings of individual defendant, when it was only corporate defendant who was being sanctioned for discovery violation); Broward County v. Greyhound Rent-A-Car, Inc., 435 So. 2d 309 (Fla. 4th DCA 1983) (trial court required condemning authority to place money in registry of court for parcel of property not subject of eminent domain suit). In all of these cases the appellate courts were able to correct legal errors which went to…