BERNARD C. GREEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• City OF Hollywood v. Jarkesy, 343 So. 2d 886 (Fla. 4th DCA 1977)
  …ges must be reversed. The trial court’s reasons for granting a new trial on that issue of damages relied upon respectable authority from other appellate courts of this State. In particular, the trial court relied upon City of Jacksonville v. Yerkes, 282 So. 2d 645 (Fla. 1st DCA 1973), for the proposition that the jury could not return a verdict lower than the value set by the owner’s expert witness for severance damages when the condemnor adduced no evidence as to the value of such loss. But, as the majority…
• Behm v. Division OF Administration, 292 So. 2d 437 (Fla. 4th DCA 1974)
  …e damages are at least in this sum and the jury should be required to use this figure as establishing the minimum amount of the award. Furthermore, the condemnor would be es-topped to urge otherwise. Appellants likewise cite Jacksonville v. Yerkes, 282 So. 2d 645 (1st D.C.A.Fla. 1973). This case is in direct disagreement and conflict with the instant decision. We regret this. However, our research and analysis leave us convinced that the Jacksonville view and result is unsupportable. We would point out that…
• Tuttle v. Division OF Administration, 327 So. 2d 841 (Fla. 1st DCA 1976)
  …ubject the condemning authority offered no opinion evidence either that no damage was sustained or that it was sustained in a specific amount. We are asked by the appealing owners to apply to their benefit the rule of City of Jacksonville v. Yerkes, 282 So. 2d 645 (Fla.App. 1st, 1973), cert. den. 291 So. 2d 9 (Fla.1974), that a jury is powerless to award less than the amount of severance damages estimated by the owner’s opinion witness when the condemnor offers no such witness. Appellants leased and operated…

Authorities Cited

• Williams v. State, 254 So. 2d 22 (Fla. 3d DCA 1971)
• Davis v. State, 277 So. 2d 300 (Fla. 2d DCA 1973)
• Artis Scarborough v. State, 278 So. 2d 657 (Fla. 2d DCA 1973)