JACK BAKERY SERVICES, INC., APPELLANT,
v.
WESTERN TREATS MEAT MARKET, INC., AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Jack Bakery Services appeals from an order disbursing a quick-taking deposit in an eminent domain proceeding to Western Treats Meat Market. The court affirmed, holding that Jack Bakery waived its objections to early disbursement by failing to appear at the motion hearing, though it retains rights to assert its claim at the statutory apportionment hearing.
Jack Bakery waived its objections to early disbursement of the deposit by failing to attend the disbursement hearing. Although the deposit was disbursed to Western Treats, Jack Bakery retains the right to assert and prove its interest in the ultimate valuation award at the statutory apportionment hearing under Florida Statutes section 73.101.
[1] A party waives objections to the disbursement of a quick taking deposit in an eminent domain proceeding by failing to appear at the hearing to determine entitlement to th…
[2] A lessee with an interest in condemned property, including fixtures, has a right to a portion of the eminent domain award.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While ordinarily the courts will not disburse the funds deposited in the court registry as the good faith estimate of value for quick taking purposes in eminent domain proceedings, where, as here, one of the contending parties does not pursue its claim at a hearing to determine entitlement to disbursement, that party waives its objections to disbursement.”
Establishes the general rule and the exception regarding disbursement of quick-taking deposits in eminent domain cases
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida Department of Transportation condemned property in a shopping center in Broward County. Jack Bakery, as a lessee, held an interest in fixt…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Quick Taking cases and more on FLexlaw
DOWNEY, Judge.
Appellant Jack Bakery Services, Inc., appeals from an order of December 11, 1987, and a final judgment dated January 21, 1988, in an eminent domain proceeding wherein the Florida Department of Transportation (DOT) condemned certain property located in a shopping center in Broward County, Florida. Jack Bakery, as a lessee, had an interest in the condemned property in the form of certain fixtures. Appellee Western Treats claimed a security interest in the same fixtures.
An order of taking was entered vesting title in the DOT upon deposit of $32,800, the estimated good faith value of the fixtures. Both Jack Bakery and Western Treats filed motions to withdraw the deposit. Jack Bakery failed to appear at the motion hearing and the trial court granted Western Treat’s motion to withdraw on December 22, 1987. An appeal from the latter order was dismissed for lack of jurisdiction.
After a trial on the merits of the issues existing between Jack Bakery and Western Treats a final judgment was entered determining the valuation of the property and the amount due the respondent property owners as being $67,575 less the $32,800 previously paid. It now remains for the parties to prove their respective interests in the valuation award.
On this appeal Jack Bakery presents as the sole appellate point the propriety of the trial court’s order disbursing the quick taking good faith deposit to Western Treats. There is no appellate issue involving the validity of the judgment vis-a-vis the amount of the valuation of the property taken.
While ordinarily the courts will not disburse the funds deposited in the court registry as the good faith estimate of value for quick taking purposes in eminent domain proceedings, where, as here, one of the contending parties does not pursue its claim at a hearing to determine entitlement to disbursement, that party waives its objections to disbursement.
In our judgment Jack Bakery waived its claim to early disbursement of the paid deposit by failing to attend the disbursement hearing. Any objections referred to in the trial court’s order were objections of the DOT as petitioner, not Western Treats. This, of course, has no effect upon Jack Bakery’s entitlement to its fair share of the deposit to be determined at the section 73.101, Florida Statutes, apportionment hearing eventually to be held in the trial court.
Accordingly, the judgment appealed from is affirmed.
GLICKSTEIN and DELL, JJ., concur.