SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, APPELLANT,
v.
LOUIS W. PARKER, TRUSTEE, APPELLEE
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PER CURIAM.
ON MOTION FOR REHEARING
The motion for rehearing regarding the award of appellate fees to appellee is denied. Section 73.131(2), Florida Statutes (1989), is plain and unambiguous and mandates an award. Lee County v. Tohari, 582 So. 2d 104, 105 n. 1 (Fla. 2d DCA 1991). While under other statutes containing different language, appellate fees may be denied where the sole issue is the reasonableness of an award of fees, see, e.g., Crittenden Orange Blossom Fruit v. Stone, 514 So. 2d 351, 353 (Fla.1987), (worker’s compensation); In re Estate of Platt, 586 So. 2d 328, 336 (Fla.1991), we cannot ignore the very specific language of the statute. If we were to hold that attorney’s fees are not allowable in these circumstances, we would be adding a policy judgment of this court’s which would conflict with the specific legislative language. If condemning authorities believe that the result is wrong, then they should ask the legislature to change the law.
HERSEY and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Seminole Cnty. v. Boyle Inv. Co., 724 So. 2d 645 (Fla. 5th DCA 1999)…condemning authority. We recognize that under other attorney’s fees statutes appellate attorney’s fees may be denied where like here the only issue on appeal was the propriety of a fee award. See Solid Waste Authority of Palm Beach County v. Parker, 622 So. 2d 1014, 1015 (Fla. 4th DCA 1993). However, section 73.131 specifically mandates that the condemning authority must pay all reasonable costs of an appeal, including reasonable attorney’s fees, unless the appeal was filed by the landowner and the judgment of…
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Blueprint 2000 Intergovernmental Agency v. The Heirs & Beneficiaries OF the Est. OF Prince Griffin & All Other Unknown Parties Claiming By, 77 So. 3d 246 (Fla. 1st DCA 2012)…. Co., 724 So. 2d 645, 646 (Fla. 5th DCA 1999) (holding defendant landowner entitled to appellate attorney’s fees and costs where condemning authority appealed fee award and defendant prevailed); Solid Waste Authority of Palm Beach County v. Parker, 622 So. 2d 1014 (Fla. 4th DCA 1993) (holding that section 72.131(2), Florida Statutes, provides for an award of appellate attorney’s fees where the issue was the reasonableness of the fee awarded by the trial court). Appellees’ motions for attorney’s fees are GRA…
Authorities Cited
- In re Est. OF Lester Platt, 586 So. 2d 328 (Fla. 1991)
- Crittenden Orange Blossom Fruit v. Stone, 514 So. 2d 351 (Fla. 1987)
- LEE Cnty. v. Tohari, 582 So. 2d 104 (Fla. 2d DCA 1991)