SEMINOLE COUNTY, APPELLANT,
v.
BOYLE INVESTMENT COMPANY, ETC., ET AL., 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.
In this eminent domain case, the court granted Boyle Investment Company's motion for appellate attorney's fees against Seminole County, holding that Florida Statute section 73.131 mandates that a condemning authority must pay all reasonable appellate costs and attorney's fees when appealing an adverse trial court decision, unless the landowner appeals and the judgment is affirmed.
A property owner is entitled to receive appellate attorney's fees from the condemning authority in all cases appealed by the condemning authority under Florida Statute section 73.131(2), unless the appeal was filed by the landowner and the judgment was affirmed. The court remanded for the trial court to calculate a reasonable attorney's fee, noting that the result obtained on appeal may be considered.
[1] A property owner is entitled to an award of appellate attorney's fees in eminent domain cases when the condemning authority appeals, unless the landowner appealed and the…
[2] The unambiguous language of section 73.131, Florida Statutes, mandates that a condemning authority pay all reasonable costs of an appeal, including attorney's fees.
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“By enacting section 73.131, the legislature clearly mandated that a property owner is entitled to receive an award of appellate attorneys' fees in all cases which are appealed by the condemning authority.”
Establishes the mandatory nature of appellate attorney's fees under the statute for property owners when the condemning authority appeals.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSeminole County appealed a trial court order awarding attorney's fees to Boyle Investment Company in an eminent domain case. On the prior appeal, the …
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 Appellate Attorney'S Fees cases and more on FLexlaw
ANTOON, J.
ON MOTION FOR REHEARING OF ORDER DENYING APPELLATE ATTORNEY’S FEES AND COSTS
In this eminent domain case, Boyle Investment Company (Boyle) filed a motion seeking an award of appellate attorney’s fees. We grant the motion and remand this matter so that the trial court can determine the appropriate amount of the award.
In Seminole County v. Boyle Investment Company, 719 So. 2d 1004 (Fla. 5th DCA 1998), Seminole County appealed the trial court’s order awarding attorney’s fees in favor of Boyle. Seminole County contended that the trial court had erred in calculating the amount of the fees, awarding interest on the fee award, and awarding expert witness fees. We found no error with regard to the method the trial court employed in calculating the fees, but concluded that the trial court had erred by awarding interest on the award and in awarding expert witness fees. Id.
While the appeal was pending, Boyle filed a motion seeking an award of appellate attorney’s fees citing section 73.131, Florida Statutes (1997), as the basis for such an award. Section 73.131 provides in relevant part:
73.131 Appeals; costs.-
(2) The petitioner shall pay all reasonable costs of the proceedings in the appellate court, including a reasonable attorney’s fee to be assessed by that court, except upon an appeal taken by a defen dant in which the judgment of the lower court shall be affirmed.
§ 73.131(2), Fla. Stat. (1997). By enacting section 73.131, the legislature clearly mandated that a property owner is entitled to receive an award of appellate attorneys’ fees in all cases which are appealed by the 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 the lower court was affirmed. See Denmark v. State Dep’t of Transp., 389 So. 2d 201 (Fla.1980). We agree with the fourth district that we are not at liberty to ignore the unambiguous legislative language set forth in the statute. See Parker, 622 So. 2d at 1015.
Here, Seminole County filed this appeal; therefore, Boyle is entitled to receive appellate attorney’s fees. Accordingly, we remand this case to the trial court to calculate a reasonable attorney’s fee. See Brevard County v. Canaveral Properties, Inc., 696 So. 2d 1244, 1246 (Fla. 5th DCA 1997). In closing, we note our agreement with the second district that, in setting the amount of the fee award, it may be appropriate for the trial court to consider the result obtained. See Lee County v. Tohari, 582 So. 2d 104, 105 n. 1 (Fla. 2d DCA 1991).
MOTION FOR ATTORNEY’S FEES GRANTED and CAUSE REMANDED.
GRIFFIN, C.J., and DAUKSCH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ryan v. City OF Boynton Beach, 157 So. 3d 417 (Fla. 4th DCA 2015)…ment of the lower court shall be affirmed.” § 73.131(2), Fla. Stat. There- are appellate decisions permitting consideration of the result obtained on appeal in setting the amount of appellate fees to be awarded. See Seminole Cnty. v. Boyle Inv. Co., 724 So. 2d 645 (Fla. 5th DCA 1999); Lee Cnty. v. Tohari, 582 So. 2d 104,105 n. 1 (Fla. 2d DCA 1991). Nonetheless, consistent with the language of section 73.131, the Florida Supreme Court has squarely held that a landowner cannot be denied his appellate attorney’s…
-
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)…sts. We denied the motions. On consideration of Appellees’ respective motions for rehearing, we now grant the motions and remand this matter for the trial court to determine the appropriate amount of the award. See Seminole County v. Boyle Inv. 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.…
-
Sabal Trail Transmission LLC v. 18.27 Acres of Land in Levy Cnty. (N.D. Fla. 2021)…$500 = $225) + (0.5 x $400 = $200)). courts have recognized that in calculating a fee award under section 73.131, “it may be appropriate for the trial court to consider the result obtained [on appeal].” Seminole Cnty. v. Boyle Inv. Co., 724 So. 2d 645, 646 (Fla. 5th DCA 1999) (citing Lee Cnty. v. Tohari, 582 So. 2d 104, 105 n.1 (Fla. 2d DCA 1991)). This is so, perhaps because section 73.131 mandates an appellate fee award in any case where the condemnor is responsible for taking the appeal, even…
Authorities Cited
- LEE Cnty. v. Tohari, 582 So. 2d 104 (Fla. 2d DCA 1991)
- Brevard Cnty. v. Canaveral Props., Inc., 696 So. 2d 1244 (Fla. 5th DCA 1997)
- Denmark v. State of Fla. Dep't OF Transp., 389 So. 2d 201 (Fla. 1980)
- Seminole Cnty. v. Boyle Inv. Co., 719 So. 2d 1004 (Fla. 5th DCA 1998)
- Solid Waste Auth. of Palm Beach Cnty. v. Parker, 622 So. 2d 1014 (Fla. 4th DCA 1993)