FRENCHMAN, INC., ETC., PETITIONER,
v.
DIVISION OF ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, RESPONDENT

Fla. | 1986-10-09
No. 67934
BOYD, OVERTON, EHRLICH and SHAW, JJ., concur., ADKINS, J., dissents.
495 So. 2d 750 Florida Supreme Court (1986) Positive Treatment
Cited by 6 cases
Opinion of the Court
McDONALD, Chief Justice.

McDONALD, Chief Justice.

This Court originally granted review in Division of Administration, Department of Transportation v. Frenchman, Inc., 476 So. 2d 224 (Fla. 4th DCA 1985), because certain language in that opinion appeared to conflict with prior decisions concerning the quantification of severance damages in eminent domain proceedings. Upon further examination, however, we find the holding in Frenchman to be consistent with precedent. Therefore, because no conflict exists between Frenchman and any opinion from either another district court or this Court, we have no jurisdiction to review the case at bar. Accordingly, we dismiss the petition for review.

It is so ordered.

BOYD, OVERTON, EHRLICH and SHAW, JJ., concur. ADKINS, J., dissents.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Partyka v. Fla. Dep't of Transp., 606 So. 2d 495 (Fla. 4th DCA 1992)
    …the remainder caused by the taking, if any. See § 73.071(2), (3)(a) & (b), Fla.Stat. (1991); Broward County v. Carney, 586 So. 2d 425 (Fla. 4th DCA 1991); Department of Transp. v. Frenchman, Inc., 476 So. 2d 224 (Fla. 4th DCA 1985), rev. dismissed, 495 So. 2d 750 (Fla.1986). The appellant sought severance damages based on the lessened value of the reduced size or shape of the remaining property. See Kendry v. Department of Transp., 366 So. 2d 391 (Fla.1978). We agree with appellant that the trial court erre…
  • Capo Inv. Grp. Corp. v. State, 578 So. 2d 513 (Fla. 3d DCA 1991)
    …cost-to-cure damages relating to one of the condemned parcels, without first adducing proof of the severance damages, compare Division of Admin., State of Fla., Dept. of Transp. v. Frenchman, Inc., 476 So. 2d 224 (Fla. 4th DCA 1985), rev. dismissed, 495 So. 2d 750 (Fla.1986), was entirely harmless. The DOT appraiser below simply assumed that the severance damages herein would greatly exceed the cost-to-cure damages (an assumption which Capo does not challenge) and proceeded to give an appraisal based on cost-…
  • Jos. D. Farish, Jr. v. S. Fla. Water Mgmt. Dist., 515 So. 2d 369 (Fla. 4th DCA 1987)
    …al court’s finding that appellant’s complaint fails to state a cause of action and affirm. See Division of Administration, State of Florida Department of Transportation v. Frenchman, Inc., 476 So. 2d 224 (Fla. 4th DCA 1985), pet. for rev. dismissed, 495 So. 2d 750 (Fla. 1986). AFFIRMED. GLICKSTEIN, DELL and GUNTHER, JJ., concur.…

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