ROBERT HARTLEB, PETITIONER,
v.
FLORIDA DEPARTMENT OF TRANSPORTATION, RESPONDENT

Fla. | 1999-10-07
Nos. 93,352
HARDING, C.J., and SHAW, WELLS, PARIENTE, LEWIS and QUINCE, JJ., concur. ANSTEAD, J., dissents.
748 So. 2d 985 Florida Supreme Court (1999) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We accepted jurisdiction to review Hartleb v. State Department of Transportation, 711 So. 2d 228 (Fla. 4th DCA 1998), in order to resolve what appeared to be a conflict with Altamonte Hitch & Trailer Service, Inc. v. U-Haul Co. of Eastern Florida, 483 So. 2d 852 (Fla. 5th DCA 1986). See Art. V, § 3(b)(4), Fla. Const. However, upon closer examination, we find no conflict and find review was improvidently granted. Accordingly, we dismiss the petition.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, PARIENTE, LEWIS and QUINCE, JJ., concur. ANSTEAD, J., dissents.


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  • Amerada Hess Corp. v. State, 788 So. 2d 276 (Fla. 4th DCA 2000)
    …r full compensation of the TCE. The trial court’s award of attorney’s fees will not be disturbed absent a clear abuse of discretion. See Hartleb v. State, Dep’t of Transp., 711 So. 2d 228 (Fla. 4th DCA 1998), on appeal after remand, rev. dismissed, 748 So. 2d 985 (Fla.1999)(hereinafter referred to as Hart-leb II). Both sides submitted conflicting evidence on the issue of nonmonetary benefits. Nonmonetary benefits may only be awarded by the court “to the extent such nonmonetary benefits are specifically ident…

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