THE ESTATE OF NOMIE DELL JEFFERSON
v.
CITY OF FLORIDA CITY, ETC.

Fla. 3d DCA | 2020-12-09
No. 20-0523
Guzman, J., Fernandez, J., Hendon, J., Lobree, J.
Florida District Court of Appeal, Third District (2020)

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Holding

The trial court's determination that the condemning authority proved reasonable necessity for the taking is affirmed where competent substantial evidence supports the decision and no abuse of discretion is shown.


Headnotes

[1] In an eminent domain proceeding, the trial judge is in the best position to evaluate and judge the credibility and weight of witness testimony.

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Facts & Procedural History

The Estate of Nomie Dell Jefferson appealed a non-final order from the Circuit Court for Miami-Dade County regarding a taking by the City of Florida C…

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Opinion of the Court

PER CURIAM.

Affirmed. Dade Cty. v. Paxson, 270 So. 2d 455 (Fla. 3d DCA 1972) (concluding that the condemning authority proved reasonable necessity for the taking); Faison v. Div. of Admin., Dep’t of Transp., 299 So. 2d 629 (Fla. 1st DCA 1974) (stating that the trial judge was in the best position to evaluate and judge the credibility and weight to be accorded the testimony of the various witnesses); Rawls v. Leon Cty., 974 So. 2d 543 (Fla. 1st DCA 2008) (finding no evidence of bad faith or abuse of discretion, and competent substantial evidence to support the taking).

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