THE POINT DEVELOPMENT CORPORATION OF NAPLES, A FLORIDA CORPORATION, APPELLANT,
v.
PALMS NURSERY & LANDSCAPING CO., INC., A FLORIDA CORPORATION, APPELLEE
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The appellate court affirmed the trial court's finding that the defendant Nursery unlawfully removed 55 palm trees from the plaintiff Fiske's land but reversed the award of compensatory and double damages, finding the proper measure of damages was the difference in property value before and after the removal, not replacement cost, and that Fla.Stat. § 821.221 was inapplicable.
The appellate court held that the proper measure of damages for the unauthorized removal of ornamental trees is the difference in the value of the property before and after the taking, not the replacement value, and reversed the award of double damages under Fla.Stat. § 821.221.
The defendant Nursery removed 55 palm trees from land owned by the plaintiff Fiske, having purchased them from Mrs. Moczik who lacked authority to sel…
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PER CURIAM.
Notice of appeal having been filed in an action at law from a nonappealable interlocutory order, we consider the proceedings as a petition for writ of common law certiorari.
After due consideration of the record, briefs, and oral argument, we are unable to find that the petitioner has demonstrated a departure from the essential requirements of law. Accordingly, the petition for writ of certiorari is
Denied.
McNULTY, C. J., and BOARDMAN and SCHEB, JJ., concur.