ANHOCO CORPORATION, A FLORIDA CORPORATION, AND ANTWIN THEATRES, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1961-03-02
No. 60-271
PEARSON, Acting Chief Judge, and SAULS, RICHARD M., Associate Judge,, concur.
127 So. 2d 464 Florida District Court of Appeal, Third District (1961) Positive Treatment
Cited by 4 cases

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Synopsis

In this eminent domain appeal, Anhoco Corporation and Antwin Theatres challenged a jury verdict awarding them only one dollar in compensation plus $2,000 in attorney fees for the taking of fee simple title underlying an easement and loss of access to a planned limited access highway. The Florida District Court of Appeal affirmed the verdict, finding it reasonable based on the evidence that the county-provided alternative access roads offered comparable convenience and value to what previously existed.


Holding

The court held that the one dollar verdict was not unreasonable and was within the range of evidence, as the jury properly weighed the value of replacement access roads against previous access. The court rejected all four grounds of appeal: the opening/closing argument issue was settled adversely to appellants by prior precedent; the relevant valuation date was February 1960 (the county's taking), not July 1957; prior litigation costs were not attributable to the county's appropriation; and the trial was fair with no reversible error.


Key Quotes

“It was not unreasonable and was within the range of the evidence for the jury to find that, on weighing the convenience and value of the access roads which the county provided, against that which prevailed previously, no compensation was indicated.”

Establishes that the jury's one dollar verdict was reasonable based on comparable value of alternative access arrangements.

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Facts & Procedural History

Dade County took fee simple title underlying an easement held by appellants and affected their access to property. The jury found that when weighing t…

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Opinion of the Court
CARROLL, CHAS., Judge.

CARROLL, CHAS., Judge.

This appeal is from a judgment in an eminent domain proceeding.1 The suit involved the fee simple title underlying an *465easement, and appellants’ right to access, to the planned limited access highway. The verdict was for one dollar,2 plus attorney fees in the amount of $2,000. It was not unreasonable and was within the range of the evidence for the jury to find that, on weighing the convenience and value of the access roads which the county provided, against that which prevailed previously, no compensation was indicated.

The appellants attack the verdict and judgment on four grounds. First, they contend the court erred in not allowing the appellants, rather than the petitioner, to have the opening and closing arguments at the conclusion of the trial. That contention has been answered adversely to appellants by a recent decision of the second district court of appeal. See Parker v. Armstrong, Fla.App.1960, 125 So.2d 138. Second, appellants argue that the court was in error in ruling that the “damages, or just compensation” should be determined as of February 8, 1960, and not as of July 30, 1957. The February 1960 date was the time of the petitioner’s taking. The earlier July 1957 date was when an agency other than the petitioner interfered with appellants’ access roads. Appellants invoke § 73.09, Fla.Stat., F.S.A.3 As pointed out in appellee’s brief, “Section 73.09 was not applicable because Dade County was neither using the property in question nor perfecting a defective title.” That any injury or damage suffered by the appellant prior to the taking by the county in February 1960 was not chargeable to the petitioner Dade County is sufficiently shown by the earlier decisions cited in footnote number one.

Next, appellants contended they should have been allowed to recover the costs and attorney fees which they incurred in the earlier litigation. The contention lacks merit. The expenses of appellants from such litigation were not attributable to the appropriation of the property by the county, but were incurred in opposing actions of other parties directed to the property. See Florida State Turnpike Authority v. Anhoco Corp., Fla.App.1958, 107 So. 2d 51, 56, and the decision of the Supreme Court in that case, on certiorari, 116 So.2d 8, at page 14.

Finally, appellants make the contention that in the condemnation proceeding they did not “have a fair trial of the amount of just compensation which they are entitled to receive for their property rights, title, and/or interest therein taken, as guaranteed by the Constitution of this state.” We have examined the record in the light of the several assignments of error upon which this general contention was predicated, and are unable to agree. The cause appears to have been fully and fairly tried, and no reversible error has been made to-appear.

Affirmed.

PEARSON, Acting Chief Judge, and SAULS, RICHARD M., Associate Judge,, concur.


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Citator

Cited By

  • Anhoco Corp. v. Dade Cnty., 144 So. 2d 793 (Fla. 1962)
    …District, allegedly in conflict with a prior decision of this Court and a decision of the Second District. Art. V, Sec. 4, Florida Constitution, F.S.A. [*794] The decision submitted for review is Anhoco Corp. et al. v. Dade County, Fla. App., 1961, 127 So. 2d 464. Petitioners claim it to be in conflict with the prior decision of this Court in Florida State Turnpike Authority, et al., v. Anhoco Corp. et al., Fla.1959, 116 So. 2d 8, and the decision of the District Court of Appeal, Second District, in Broward…
    1 / 3
  • Anhoco Corp. v. Dade Cnty., 145 So. 2d 561 (Fla. 3d DCA 1962)
    …PER CURIAM. WHEREAS, the judgment of this court was entered on the 2nd day of March, 1961 (Fla.App., 127 So. 2d 464) affirming the judgment of the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Dade County in the above styled cause; and WHEREAS, on review of this court’s judgment by petition for writ of certiorari, the Supreme Court of Flor…

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