CITY OF JACKSONVILLE, A MUNICIPAL CORPORATION, APPELLANT,
v.
GEORGE SCHUMANN ET AL., APPELLEES
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The appellate court affirmed a supplemental judgment awarding costs and attorneys' fees to property owners in inverse condemnation actions. These fees were deemed damages resulting from the taking of property.
Yes, the costs and attorneys' fees were properly awarded as damages sustained by the appellees as a result of the taking.
“The award includes fees for legal services in appellate courts occasioned by appellant's efforts to resist such inverse condemnation actions and for legal services in the eminent domain proceedings which ultimately resulted from appellees' successful inverse condemnation actions.”
Describes the scope of the fees awarded that are under appeal.
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Join FLexlaw to unlock all legal intelligenceThe City of Jacksonville appealed a supplemental judgment awarding costs and attorneys' fees to property owners. These fees were incurred in inverse c…
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Appellant seeks review of a supplemental judgment awarding costs and attorneys’ fees incurred by the appellee property owners in inverse condemnation actions. The award includes fees for legal services in appellate courts occasioned by appellant’s efforts to resist such inverse condemnation actions and for legal services in the eminent domain proceedings which ultimately resulted from appellees’ successful inverse condemnation actions.
Our review of the record and briefs in this matter, together with the consideration of the oral arguments, leaves us with the view that the trial judge correctly entered the supplemental judgment appealed. The costs and attorneys’ fees forming the basis for such judgment were properly considered to be damages sustained by the appel-lees as a result of the taking. The award was not only justified, but required by the decisional rule found in Broward County v. Bouldin, 114 So.2d 737 (Fla.App.1959), and the more recent decision of this court *750in State Road Department v. Lewis, 190 So.2d 598 (1966).
Accordingly, the judgment appealed is affirmed.
WIGGINTON, C. J., and CARROLL, DONALD K., and SPECTOR, JJ., concur.
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State v. Gables-By-The-Sea, Inc., 374 So. 2d 582 (Fla. 3d DCA 1979)…xpressway Authority v. Du Pree Co., 108 So. 2d 289 (Fla.1959); Dade County v. Brigham, 47 So. 2d 602 (Fla.1950); State of Florida, Department of Transportation v. Grice Electronics, 356 So. 2d 7 (Fla. 1st DCA 1977); City of Jacksonville v. Schumann, 223 So. 2d 749 (Fla. 1st DCA 1969); and State Road Department v. Lewis, 190 So. 2d 598 (Fla. 1st DCA 1966). In regard to appellants’ second point on appeal, we note in particular the following: Although this case began its convoluted history in May of 1968 when a…
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Schick v. Fla. Dep't OF Agric. & Consumer Servs. & Doyle Conner, 586 So. 2d 452 (Fla. 1st DCA 1991)…f and are ancillary to the original proceeding in condemnation are similarly payable by the state pursuant to sections 73.091 and 73.131. See State Dept. of Transportation v. Shaw, 303 So. 2d 75 (Fla. 1st DCA 1974); City of Jacksonville v. Schumann, 223 So. 2d 749 (Fla. 1st DCA 1969). Accordingly, we hold that attorney’s fees are payable by the Department to appellants in this mandamus action to enforce the judgment obtained in the primary eminent domain action. The Department argues, however, that the parti…
Authorities Cited
- State Rd. Dep't of Fla. v. Lewis, 190 So. 2d 598 (Fla. 1st DCA 1966)
- Broward Cnty. & State Rd. Dep't of Fla. v. Bouldin, 114 So. 2d 737 (Fla. 2d DCA 1959)
- City OF Jacksonville v. George Schumann et ux., 199 So. 2d 727 (Fla. 1st DCA 1967)