EVERETT LEMOULT AND PATRICIA LEMOULT, HIS WIFE, APPELLANTS,

v.

THE ROMANO MAZZA MEDICAL CORPORATION, A FLORIDA CORPORATION AND RANDOLPH S. ROMANO, PETER A. MAZZA AND DONALD S. ELLIS, APPELLEES

Citator

Cited By

• Tampa-Hillsborough Cnty. Expressway Auth. v. K.E. Morris Alignment Serv., Inc., 444 So. 2d 926 (Fla. 1983)
  …s of Florida clearly indicate that the essential inquiry under the business damages statute is that of continuous operation of the business at the location where business damages are alleged to have been suffered. In Hooper v. State Road Department, 105 So. 2d 515 (Fla. 2d DCA 1958), the trial court refused to allow a claim for business damages because the landowners had been operating the business for only about one year. The district court of appeal reversed because the owners had acquired the business as a…
• Hodges v. Division OF Administration, 323 So. 2d 275 (Fla. 2d DCA 1975)
  …e observed that a mere change of ownership in the business during the five year period would not prevent the new owner from recovering business damages under Fla.Stat. § 73.071 [*277] (3)(b) (1973). Hooper v. State Road Department, Fla.App.2d, 1958, 105 So. 2d 515. While the statute implies a continuous operation for the five years immediately preceding the date of taking, we do not construe "continuous” to mean that the business must be operated without any interruption whatsoever, so long as it can be reaso…
• Fla. State Tpk. Auth. v. Anhoco Corp., 107 So. 2d 51 (Fla. 3d DCA 1958)
  …anding”, whereas it affirmatively appears from the record before us that the appellees’ theatre business has only been established and in operation since February, 19SS. Fla. Stat., F.S.A., § 73.10(4); Hooper v. State Road Department, Fla.App. 1958, 105 So. 2d 515. An award of attorneys’ fees is governed by statute — §§ 73.11 and 73.16, Fla.Stat., F.S.A. — and absent a contract or statute providing for same would not be recoverable for services rendered in this particular action. Accordingly, that portion of…