DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
v.
MAE FRANCES HOUK ET AL., APPELLEES

Fla. | 1956-05-23
DREW, C. J., and TERRELL, THOMAS and THORNAL, JJ., concur., DREW, C. J., and TERRELL, THOMAS, HOBSON, ROBERTS, THORNAL and O’CONNELL, JJ., concur.
89 So. 2d 649 Florida Supreme Court (1956) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause came on to be heard on the motion of appellees to affirm the judgment appealed from pursuant tó 31 F.S.A. Rule 38 of the rules of this court and it appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument ;

It is accordingly Ordered, Adjudged and Decreed that the motion to affirm the judgment appealed from be, and the same is, hereby granted, and the judgment is

Affirmed.

DREW, C. J., and TERRELL, THOMAS and THORNAL, JJ., concur.

Other
PER CURIAM.

On Rehearing Granted

PER CURIAM.

On rehearing granted and after oral argu-. ment before the Court en banc, it is Ordered that the per curiam opinion and judgment of this Court affirming the judgment of the Circuit Court of Dade County appealed, from, be and the same is hereby adhered to on the authority of Dade County v. Brigham, Fla., 47 So. 2d 602, 18 A.L.R.2d 1221, which case is hereby, in all respects approved and confirmed.

DREW, C. J., and TERRELL, THOMAS, HOBSON, ROBERTS, THORNAL and O’CONNELL, JJ., concur.


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Citator

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  • …rida, where an owner is constitutionally guaranteed full or just compensation. The theory and spirit of such a guarantee require a practical attempt to make the owner whole. Dade County v. Brigham, supra, 47 So. 2d 602; Dade Co. v. Houk, Fla., 1956, 89 So. 2d 649. A person who is put to expense through no desire or fault of his own can only be made whole when his reasonable expenses are included in the compensation. The second argument in support of the theory of no compensation for moving expenses is that…
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  • Cheshire v. State Rd. Dep't of Fla., 186 So. 2d 790 (Fla. 4th DCA 1966)
    …etermines necessary and proper. Orange State Oil Co. v. Jack [*792] sonville Expressway Authority, Fla.App. 1962, 143 So. 2d 892; Jacksonville Expressway Authority v. Henry G. Du Pree Company, Fla.1958, 108 So. 2d 289; Dade County v. Houk, Fla.1956, 89 So. 2d 649; Dade County v. Brigham, Fla.1950, 47 So. 2d 602, 18 A.L.R.2d 1221. One other point deserves comment. What now appears as F.S.A. § 90.231 was initially enacted by Laws of Florida, 1949, Chapter 2S090. As originally enacted, it contained the followi…
  • Seban v. Dade Cnty., 102 So. 2d 706 (Fla. 1958)
    …k reversal of an order of the trial judge refusing to allow them a fee for the services of their attorneys rendered in a prior appeal of the cause to this court in which these appellants and others were successful. See Dade County v. Houk, Fla.1956, 89 So. 2d 649. . The determining question is whether the trial judge had the authority to fix and award a fee for the services of attorneys for property owners rendered in an appeal in eminent domain proceedings taken by the condemning authority and resulting in…

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