MARIE KOSTER, JOINED BY HER HUSBAND, JOSEPH KOSTER, AND JOSEPH KOSTER AS AN INDIVIDUAL, PLAINTIFFS IN ERROR,

v.

FIRST TRUST & SAVINGS BANK, A FLORIDA CORPORATION, DEFENDANT IN ERROR

Citator

Cited By

• Broward Cnty. & State Rd. Dep't of Fla. v. Bouldin, 114 So. 2d 737 (Fla. 2d DCA 1959)
  …onal property taken. Unlike some of our precedents, this was not a class suit in which the Chancellor undertook to fix the value of the property taken as an incident to the exercise of his equity powers. Hillsborough County v. Kensett, 107 Fla. 237, 138 So. 400, 144 So. 393; State Road Department v. Bender, 147 Fla. 15, 2 So. 2d 298. In the instant case an individual property owner was seeking equity relief to prevent the trespass or in the alternative to compel the exercise of the power of eminent domain…
• Lanier v. Tyson, 147 So. 2d 365 (Fla. 2d DCA 1962)
  …nstrued to make it constitutional, rather than render it of doubtful validity, if to do so will not violate the apparent intent of the Legislature. Thomas v. Mills, 1932, 107 Fla. 385, 144 So. 882; Hillsborough County v. Kensett, 1932, 107 Fla. 237, 138 So. 400, 144 So. 393; Smetal Corp. v. West Lake Invest. Co., 1936, 126 Fla. 595, 172 So. 58; D'Alemberte v. State ex rel. Mays, 1908, 56 Fla. 162, 47 So. 489; 6 Fla.Jur., Constitutional Law § 78 et seq. In City of Fort Lauderdale v. Des Camps, Fla.App. 195…
• Pocock v. Town OF Medley, 89 So. 2d 162 (Fla. 1956)
  …n for it is lost or abandoned, even though it has been devoted to the county benefit and is being used in the orderly administration of county government, such as for purposes of a highway and the like.” Hillsborough County v. Kensett, 107 Fla. 237, 138 So. 400, 144 So. 393, 395. The question of whether the Pococks have lost or abandoned their right to compensation was apparently not decided by the Chancellor since, as noted, his final decree was based on a finding that the right-of-way had been “dedicated…