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RI CS2, LLC v. State, Dep't of Transp.

Florida Court of Appeals, Fifth District
Mar 1, 2024
380 So. 3d 1272 (Fla. Dist. Ct. App. 2024)

Opinion

Case No. 5D23-1194

03-01-2024

RI CS2, LLC, Appellants, v. State of Florida DEPARTMENT OF TRANSPORTATION, Circle K Stores, Inc., and Ridge Manor Express, Appellees.

W. Campbell McLean, Kristie Hatcher-Bolin, and Rachel M. Crews, of Gray Robinson, P.A., Tampa, for Appellants. Lindsay Patrick Lopez, and Paul D. Bain, of Trenam, Kemker, Scharf, Barkin, Frye, O’Neill & Mullis, P.A., Tampa, for Appellee, Circle K Stores, Inc. Marc Peoples, of the Department of Transportation, Tallahassee, for Appellee, State of Florida Department of Transportation.


On appeal from the Circuit Court for Hernando County. Donald Scaglione, Judge. LT Case No. 2018-CA-000647 W. Campbell McLean, Kristie Hatcher-Bolin, and Rachel M. Crews, of Gray Robinson, P.A., Tampa, for Appellants.

Lindsay Patrick Lopez, and Paul D. Bain, of Trenam, Kemker, Scharf, Barkin, Frye, O’Neill & Mullis, P.A., Tampa, for Appellee, Circle K Stores, Inc.

Marc Peoples, of the Department of Transportation, Tallahassee, for Appellee, State of Florida Department of Transportation.

No Appearance for Remaining Appellee.

Per Curiam.

Landowner, RI CS2, LLC ("Appellant"), appeals the trial court’s order granting apportionment of the statutory benefit fee awardable pursuant to section 73.092(1), Florida Statutes (2021), with tenant, Circle K Stores, Inc. While Appellant argues that the statute dictates that this fee is awardable solely to a landowner, this argument is foreclosed by the express terms of section 7 of the parties’ Stipulated Final Judgment, which stated that sums including the statutory benefit fee "are the contested settlement funds, which funds are subject to apportionment and shall remain in the Court registry until further Order of the Court." (emphasis added.). Thus, the parties having stipulated in the judgment that the statutory benefit fee in this case is subject to apportionment, the trial court’s order is affirmed.

Affirmed.

Edwards, C.J., Makar, and Kilbane, JJ., concur.


Summaries of

RI CS2, LLC v. State, Dep't of Transp.

Florida Court of Appeals, Fifth District
Mar 1, 2024
380 So. 3d 1272 (Fla. Dist. Ct. App. 2024)
Case details for

RI CS2, LLC v. State, Dep't of Transp.

Case Details

Full title:RI CS2, LLC, Appellants, v. State of Florida Department of Transportation…

Court:Florida Court of Appeals, Fifth District

Date published: Mar 1, 2024

Citations

380 So. 3d 1272 (Fla. Dist. Ct. App. 2024)