RI CS2, LLC
v.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, CIRCLE K STORES, INC., AND RIDGE MANOR EXPRESS
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When parties stipulate in a final judgment that a statutory benefit fee is subject to apportionment, that stipulation is binding and the fee may be apportioned between the landowner and tenant notwithstanding statutory language suggesting the fee is awardable solely to the landowner.
[1] A stipulated agreement in a final judgment to apportion a statutory benefit fee binds the parties and overrides arguments based on the statutory language limiting the fee…
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Join FLexlaw to unlock all legal intelligence“the statutory benefit fee "are the contested settlement funds, which funds are subject to apportionment and shall remain in the Court registry until further Order of the Court."”
The court quoted from section 7 of the parties' Stipulated Final Judgment to show that the parties had expressly agreed the benefit fee was subject to apportionment.
RI CS2, LLC, a landowner, appealed a trial court order apportioning a statutory benefit fee under section 73.092(1), Florida Statutes, between itself …
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PER CURIAM.
Landowner, RI CS2, LLC (“Appellant”), appeals the trial court’s order granting apportionment of the statutory benefit fee awardable pursuant to section 73.092(1), Florida Statutes (2021), with tenant, Circle K Stores, Inc. While Appellant argues that the statute dictates that this fee is awardable solely to a landowner, this argument is foreclosed by the express terms of section 7 of the parties’ Stipulated Final Judgment, which stated that sums including the statutory benefit fee “are the contested settlement funds, which funds are subject to apportionment and shall remain in the Court registry until further Order of the Court.” (emphasis added.). Thus, the parties having stipulated in the judgment that the statutory benefit fee in this case is subject to apportionment, the trial court’s order is affirmed.
AFFIRMED.
EDWARDS, C.J., MAKAR, and KILBANE, JJ., concur.