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Clovis v. Florida Power Corporation

District Court of Appeal of Florida, Second District
Apr 6, 1979
369 So. 2d 659 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-1404.

April 6, 1979.

Appeal from Circuit Court, Citrus County; William F. Edwards, Judge.

William P. O'Malley, Clearwater, for appellant.

D.J. Bradshaw, of Bradshaw Mountjoy, Inverness, for appellee.


Appellant has failed to establish reversible error in the lower court's finding that the appellee was proceeding in good faith, in denying appellant's motion to dismiss and the entry of its order of quick taking. We therefore affirm.

Whether or not there is error in the order of quick taking in the description and quantity of appellant's land taken, together with the compensation due can only be determined in subsequent proceedings.

Nothing in the order of taking nor this court's affirmance forecloses the appellant from taking issue with the description, quantity of land or compensation contained in the order of quick taking. Appellee concedes that these remain open questions subject to being appropriately established by the appellant.

The order appealed from is therefore affirmed.

RYDER and DANAHY, JJ., concur.


Summaries of

Clovis v. Florida Power Corporation

District Court of Appeal of Florida, Second District
Apr 6, 1979
369 So. 2d 659 (Fla. Dist. Ct. App. 1979)
Case details for

Clovis v. Florida Power Corporation

Case Details

Full title:ESTHER R. CLOVIS, APPELLANT, v. FLORIDA POWER CORPORATION, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 6, 1979

Citations

369 So. 2d 659 (Fla. Dist. Ct. App. 1979)