DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLANT,
v.
CONSOLIDATED-TOMOKA LAND COMPANY, INC., ET AL., APPELLEES

Fla. 4th DCA | 1984-03-07
Nos. 82-1462, 82-1622
ANSTEAD, C.J., HURLEY, J., and WES-SEL, JOHN D., Associate Judge, concur.
448 So. 2d 12 Florida District Court of Appeal, Fourth District (1984) Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed and remanded for a new trial. While it appears that the evidence was undisputed that the appellee land owner lost all access to its land from the east, west and north by virtue of the appellant’s taking, we do not believe the evidence was sufficiently undisputed as to access available from the south to authorize the trial court to take the issue of loss of access and its consequences away from the jury. Cf. In re Division of Admin. v. St. Regis Paper Co., 402 So. 2d 1207 (Fla. 1st DCA 1981). Because we are vacating the final judgment we also reverse the award of attorney’s fees predicated thereon.

ANSTEAD, C.J., HURLEY, J., and WES-SEL, JOHN D., Associate Judge, concur.

Other
PER CURIAM.

PER CURIAM.

Although we deny the petition for rehearing we grant the request of the parties for clarification to the extent that we acknowledge that our opinion should not be taken as precluding the jury’s consideration upon retrial of any applicable and valid laws or ordinances affecting the use of the property in question.

ANSTEAD, C.J., and HURLEY, J., and WESSEL, JOHN D., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Terrie G. Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090 (Fla. 4th DCA 2006)
    …ttorney’s fees and the underlying judgment is vacated, the attorney’s fee judgment must also be vacated. See Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999); Div. of Admin., State of Fla. Dep’t of Transp. v. Consolidated-Tomoka Land Co., 448 So. 2d 12, 13 (Fla. 4th DCA 1984). Once the trial court vacated the dismissal of plaintiffs complaint, it was no longer possible to identify the prevailing party. Thus, vacating the attorney’s fee award was mandatory. Similarly, our reversal of the default fi…
  • Division of Administration v. Frenchman, Inc., 476 So. 2d 224 (Fla. 4th DCA 1985)
    …he severance damage award, we must also reverse the award of attorney’s fees, which was predicated on the award to condemnees. See Division of Administration, State of Florida Department of Transportation v. Consolidated — Tomoka Land Company, Inc., 448 So. 2d 12, 13 (Fla. 4th DCA 1984). The award for the land actually taken stands; the award for severance damages is reversed and remanded for retrial before a jury. BARKETT, J., concurs. LETTS, J., concurs in conclusion only.…
  • Esig Perlow v. Berg-Perlow, 943 So. 2d 878 (Fla. 4th DCA 2006)
    …ust also be reversed. See Viets v. Am. Recruiters Enters., 922 So. 2d 1090, 1096 (Fla. 4th DCA 2006) (citing Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999); Div. of Admin., State of Fla. Dep’t of Transp. v. Consolidated-Tomoka Land Co., 448 So. 2d 12, 13 (Fla. 4th DCA 1984)). However, these cases are distinguishable from the instant case because the award of attorney’s fees to the Former Wife was not based on her status as a prevailing party. Rather, the award was based on the Former Husband’s “…

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