MAJOR REALTY CORPORATION ET AL., APPELLANTS,
v.
FLORIDA STATE TURNPIKE AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1964-01-31
No. 4105
KANNER, Acting C. J., WHITE, J., and REVELS, P. B., Associate Judge, concur.
160 So. 2d 125 Florida District Court of Appeal, Second District (1964) Positive Treatment
Cited by 18 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Basically, the question at issue is whether a mortgagee of lands in a condemnation action is entitled to be awarded an attorney’s fee to be paid by the petitioner-condemnor. The trial judge answered this question in the negative. We are in accord with this determination. See the case of Shavers v. Duval County, Fla.1954, 73 So.2d 684.

Affirmed.

KANNER, Acting C. J., WHITE, J., and REVELS, P. B., Associate Judge, concur.


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Citator

Cited By

  • Sandsbury LEE v. State, 165 So. 2d 443 (Fla. 2d DCA 1964)
    …Since this question was not considered by the trial court it cannot be considered on appeal. Dewey v. State, 135 Fla. 443, 186 So. 224; and Dukes v. State, 148 Fla. 109, 3 So. 2d 754. As this court recently stated in Whitaker v. State, Fla.App.1964, 160 So. 2d 125: “The only issue raised by the appeal is whether the alleged absence of a [*445] court reporter during appellant’s arraignment constituted a denial of due process and equal protection of the laws. This question was not raised in appellant’s motion,…
  • Ford v. State, 210 So. 2d 33 (Fla. 2d DCA 1968)
    …* he cannot properly be heard in this Court to complain that his plea of guilty in the trial Court was coerced, because he makes no such allegation in his motion”, citing Adams v. State, Fla.App.1965, 179 So. 2d 369; Whitaker v. State, Fla.App.1964, 160 So. 2d 125; Lee v. State, Fla.App.1964, 165 So. 2d 443. And as to the asserted incompetence of his counsel, the rule is that, where an accused retains his own attorney, he thus waives his right to complain of his counsel’s competence. Simpson v. State, Fla.Ap…
  • Laures James Dozier v. State, 192 So. 2d 506 (Fla. 2d DCA 1966)
    …gations of the appellant and the facts to justify such allegations are neither apparent nor implied in the record. Therefore, there are no circumstances permitting or justifying their consideration by this court. See Whitaker v. State, Fla.App.1964, 160 So. 2d 125; Lee v. State, Fla.App.1964, 165 So. 2d 443; and Adams v. State, Fla.App.1965, 179 So. 2d 369. Otherwise, those allegations which appellant has properly preserved for appellate review have heretofore been decided contrary to his position by the app…

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