REGINALD C. KENDRY ET UX., ET AL., APPELLANTS,
v.
DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLEES
REGINALD C. KENDRY ET UX., ET AL., APPELLANTS,
DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLEES
341 So. 2d 1012
Florida District Court of Appeal, Fourth District (1977)
Negative Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
CROSS and ALDERMAN, JJ., concur.
MAGER, C. J., dissents, with opinion.
Dissent
MAGER, Chief Judge
(dissenting):
The record reflects, in my opinion, appellants-landowners’ entitlement to seek severance damages for the remainder of the real property taken by the State as a result of the State’s violation of certain easement restrictions. In this regard the order of the trial court does not comport with this court’s holding in Kendry v. State Road Department, 213 So. 2d 23 (Fla. 4th DCA 1968), and the rationale expressed in City of Tampa v. Texas Company, 107 So. 2d 216 (Fla. 2d DCA 1958). See also Division of Admin., Dept. of Tr. v. Hillsboro Ass’n, Inc., 286 So. 2d 578 (Fla. 4th DCA 1973), and Section 73.071(3), Florida Statutes. Accordingly, I would reverse and remand the case for a trial on the issue of damages.
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Reginald C. Kendry et ux. v. Division OF Administration, 366 So. 2d 391 (Fla. 1978)…ADKINS and BOYD, JJ., and MELVIN, Associate Justice, concur. [*395] OVERTON, J., dissents with an opinion, with which ENGLAND, C. J. and SUNDBERG, J., concur. . Kendry v. Division of Administration, State of Florida, Department of Transportation, 341 So. 2d 1012 (Fla. 4th DCA 1977). . The court distinguished the present case from Bowden v. City of Jacksonville, 52 Fla. 216, 42 So. 394 (1906) and a long line of cases following it which hold that damages suffered by a landowner by reason of a change in grade…1 / 2
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Jellow v. The Keyes Co., 411 So. 2d 972 (Fla. 3d DCA 1982)…PER CURIAM. Affirmed. Broward National Bank of Fort Lauderdale v. Bethel, 341 So. 2d 1012 (Fla. 4th DCA 1977); Schmidt v. Bryant, 312 So. 2d 209 (Fla. 1st DCA 1975); Stolen v. Metropolitan Life Insurance Company, 287 So. 2d 694 (Fla. 3d DCA 1974).…
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Manaster v. Al Coletta, 490 So. 2d 243 (Fla. 3d DCA 1986)…for reh’g and petition for clarification, 721 F. 2d 345 (11th Cir.1983), cert. denied, 466 U.S. 960, 104 S.Ct. 2173, 80 L.Ed.2d 556 (1984); Canell v. Arcola Housing Corp., 65 So. 2d 849 (Fla.1953); Broward National Bank of Fort Lauderdale v. Bethel, 341 So. 2d 1012 (Fla. 4th DCA 1977); § 725.01, Fla.Stat. (1981).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Tampa v. The Tex. Co., 107 So. 2d 216 (Fla. 2d DCA 1958)
- Kendry v. State Rd. Dep't of Fla., 213 So. 2d 23 (Fla. 4th DCA 1968)
- Division OF Administration v. Hillsboro Ass'n, Inc., 286 So. 2d 578 (Fla. 4th DCA 1973)