LEROY MCGAHEE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Boynton v. The Canal Auth. of the State of Fla., 311 So. 2d 412 (Fla. 1st DCA 1975)
  …a fortiori neither could the Canal Authority’s appraiser in the case sub judice. Further, the testimony of the Canal Authority’s appraiser is remarkably similar to that condemned by this Court in Walters v. State Road Department, Fla.App. 1st 1970, 239 So. 2d 878. In the Walters case, when asked for the formula used in arriving at his conclusion, the expert whose testimony was challenged stated that it was just a matter of judgment. He further testified that the “adjustments” made by him were merely estimate…
• Division OF Administration v. Samter, 393 So. 2d 1142 (Fla. 3d DCA 1981)
  …Holl v. Talcott, 191 So. 2d 40, 45 (Fla.1966) — no weight may be accorded an expert opinion which is totally conclusory in nature and is unsupported by any discernible, factually-based chain of underlying reasoning. Walters v. State Road Department, 239 So. 2d 878 (Fla. 1st DCA 1970). It is clear that the 50% figure used to compensate for the admitted dissimilarities in the properties came only from the top of Lu-kács’ head. Under this doctrine, it could therefore not be employed as a basis for admission of h…
• Fla. Power & Light Co. v. S.B. Jennings, 518 So. 2d 895 (Fla. 1987)
  …ar to be based on an assumption that a jury award based upon an objectively unreasonable fear would in effect allow the jury to base its award on speculation and conjecture, which of course it may not do. See, e.g., Walters v. State Road Department, 239 So. 2d 878, 882 (Fla. 1st DCA 1970) (a jury verdict based on such factors is in derogation of constitutional guarantee of full compensation). FPL and amici argue that the district court’s rejection of Casey and its adoption of the intermediate rule with its re…